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A Play in Three Acts ) 









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MAUD TARLETON 








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THE FULL PENALTY” 




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THE FULL PENALTY 

{A Play in Three Acts) 


BY 

GARRITA B. NASH 
AND 

MAUD TARLETON WINCHESTER 


i » 


NEW YORK 



Copyright, 1913 
By GARRITA B. NASH 



$ vTO 

©Cl. A<‘i4 794 2 
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CHARACTERS 


Julian Townsend, a New York 
Banker 

Philip Townsend, his son 
Judge Rand, of the Juvenile Court 

Tom Massey, a professional baseball 
player 

James Kennedy, Bailiff of the Juve¬ 
nile Court 

Dick Ryan, Clerk of the Court 
Paul White, a youthful financier 
Andrew Jackson 
Shorty, a detective 
Auguste Leroux, a detective 
Court Stenographer 
Mrs. Julian Townsend 

Natalie Chambers, engaged to 
Philip Townsend 

Jennie Noland 

Mrs. John Hamilton, of the Four 
Hundred 
Mamie Burke 
Susan Baker 

Mary and Patrick O’Connell 
Martha, Mrs. Townsend’s maid 



ACT ONE 


Scene: Library of the Townsends’ residence. 
A handsome room furnished in mahogany; 
deep bay window at rear; bookshelves either 
side of it; door R. I to drawing-room; door 
R. 2 to dining-room; door L. I to front hall . 
Open fireplace R. Above the mantel, an oil 
portrait of a fair haired boy of twelve. There 
is an air of elegance and culture about the 
room. The crimson curtains are drawn arid 
several lamps are lit. Telephone on desk. 
Curtain rises on empty stage. In a moment 
telephone ririgs twice, briskly. 

Martha enters L., takes up receiver. 

Martha. 

( Grumbling ) Some of the Juvenile Court 

trash. ( Takes up receiver; speaks with asperity) 
Hello? Yes, this is Mrs. Townsend’s residence. 
Yes, you can speak to Mrs. Townsend. Just a 
moment. (Puts down receiver and exits R. 2 ) 
Mrs. Townsend enters dressed in a handsome 
evening gown, followed by Martha. 


8 THE FULL PENALTY 

Mrs. Townsend. 

Just wait a minute, Martha, I want to speak 
to you. 

Martha crosses room and stirs the fire gently 
while her mistress is talking. 

Martha. 

Yes’m. 

Mrs. Townsend. 

(At telephone) Well? Oh! ( Her voice 
changes to one of deep interest and relief) Is 
this you, Jennie? I am so glad you called me 
up! Yes, Judge Rand is here now. Most anx¬ 
ious to see you; we both are,— Yes, yes, in about 
half an hour? That’ll suit perfectly. Good-bye. 
{Puts down receiver and turns to Martha) 
Martha, did anyone call me up while I was out? 

Martha. 

{Taking card out of her pocket) Yes’m, I 
wrote ’em down. {Looks at card) That little 
Irish critter called up. 

Mrs. Townsend. 

What did she want? 

Martha. 

{Dryly) Said she was lonely. 



9 


ACT ONE 

Mrs. Townsend. 
Poor little thing. 


Martha. 

(With asperity ) Said she didn’t like domes¬ 
tic service. 

Mrs. Townsend. 

Dear, dear! 


Martha. 

Pity they can’t let you eat your dinner! 
Lonely! ( Sniffs) 

Mrs. Townsend. 

(Walking towards the door remonstrating) 
Now, Martha. 

Martha. 

Then that Andrew Jackson colored man rang 
up twice, said he in was awful trouble! 

Mrs. Townsend. 

He’s probably been' beating his boy again. 
(At door) Was that all? 

Martha. 

One other; she wouldn’t leave her name. 


10 


THE FULL PENALTY 

Mrs. Townsend. 

Thank you, Martha. (Exit R. 2) 

Martha crosses to door L. As she does so, 
door bell rings. 

Martha. 

(. Irritably ) Some more Juvenile Court Trash ! 

Exits, returns in a moment ushering in Airs. 
Hamilton in evening dress, covered with a 
superb wrap; her hair elaborately dressed, 
and much be diamonded. 

Mrs. Hamilton. 

I know she’s at dinner, Martha. Don’t dis¬ 
turb her. I just stopped for the Opera tickets. 
Didn’t she leave them with you? 

Martha. 

No, Mrs. Hamilton. 

Mrs. Hamilton. 

Well, just ask her for them, please. I’ll wait 
here. (She crosses to fire) 

Martha goes to door R. 2. 

Martha. 

Yes, Mrs. Hamilton. 

Exit Martha. Mrs. Hamilton stands warm¬ 
ing her foot and looking up at the portrait 
above the mantel. Enter Mrs. Townsend. 


ACT ONE 11 

Mrs. Townsend. 

My dear Harriet! I’m so sorry! 

Mrs. Hamilton. 

Why? 

Mrs. Townsend. 

I meant to have sent the tickets over. I for¬ 
got all about it. 

Mrs. Hamilton. 

Oh, it was no trouble to stop. I sent the car 
on for the Frothinghams. 

Mrs. Townsend. 

(Lo oking in Secretary drawer) Here they 
are. ( Hands tickets to Mrs. Hamilton ) 

Mrs. Hamilton takes them and drops them in 
her opera hag. 

Mrs. Hamilton. 

You are sure you didn’t want to use them? 
Mrs. Townsend. 

Oh, no, I couldn’t have gone to-night. 

Mrs. Hamilton. 

Why? 

Mrs. Townsend. 

Jennie Nolan is coming here later to meet 
Judge Rand of the Juvenile Court. 


12 


THE FULL PENALTY 
Mrs. Hamilton. 

(Turning suddenly) Elizabeth what is the 
Juvenile Court, what do you really do for these 
children ? 

Mrs. Townsend. 

Why, I thought everyone knew all about that! 
We protect them from cruel parents! Formerly 
mere boys and girls were sent to prison for very 
minor offences and herded in with criminals with 
all the degradation that means! Now they are 
either on probation, or sent to our detention bu¬ 
reau. 

Mrs. Hamilton. 

I see. 

Mrs. Townsend. 

But I am especially interested in the unfortu¬ 
nate girls who’ve been led astray, or ruined like 
Jennie Nolan. 

Mrs. Hamilton. 

Jennie Nolan? 

Mrs. Townsend. 

Yes, I thought I told you about her. Eve been 
so absorbed in her case for months. 

Mrs. Hamilton. 

My dear, if it is a case, don’t tell me about it. 


ACT ONE 
Mrs. Townsend. 


13 


But this one is unusually pathetic— You 
see — 

Mrs. Hamilton. 

(Fingers in her ears) My dear, I positively 
refuse to be harrowed up this evening. I want 
to enjoy myself. You’re sure Mr. Townsend 
didn’t want the tickets? 

Mrs. Townsend. 

You know how Julian hates German opera. 

Mrs. Hamilton. 


You must go 


(Sitting in arm chair by fire) 
straight back to dinner. 

Mrs. Townsend. 

I had quite finished. 

Mrs. Hamilton. 

But I insist. 

.. Mrs. Townsend. 

I’d much rather not, really. I never eat 
sweets, and Julian is deep in politics with Judge 
Rand. 


Mrs. Hamilton. 


But Philip 


i 4 THE FULL PENALTY 

Mrs. Townsend. 

Oh, Natalie Chambers in dining with us. 
Philip has no eyes for his mother. (Sits on sofa 
and draws a big silk knitting bag on her lap, takes 
from it a loose soft woolen shawl or comforter 
and begins knitting as she talks ) 

Mrs. Hamilton. 

(Indicating portrait over mantel ) What a 
wonderful portrait that is of Philip. The most 
extraordinary likeness I ever saw! 

Mrs. Townsend. 

(Leaning back and taking up from table a 
photo in a heavy silver frame, comparing with 
portrait) Yes, the image of him even now! 

Hands it to Mrs. Hamilton, who looks at it a 
moment and then places it on a small table 
beside her chair. 

Mrs. Hamilton. 

You would be pleased with the engagement? 

Mrs. Townsend. 

My dear, is a mother ever pleased with her 
only child's engagement? 

Mrs. Hamilton. 

But you’ve always said you wanted Philip to 
marry young. 


i5 


ACT ONE 

Mrs. Townsend. 

{Hesitates) Yes, so I have. 

Mrs. Hamilton. 

And now you’re so absorbed in this ridiculous 
Juvenile Court, always at the beck and call of 
criminals, delinquents, and all the riff-raff of the 
East Side, so that your friends see absolutely 
nothing of you, I don’t suppose you’d have time 
to miss him! 

Mrs. Townsend. 

(Remonstratingly) Now Harriet! {With a 
change of tone) I wasn’t thinking of myself at 
all. 

Mrs. Hamilton. 

Well, certainly Natalie Chambers is stunning 
enough — even for Philip. 

Mrs. Townsend. 

My dear—she is very — stunning! That’s 
just it! {Resumes her knitting) 

Mrs. Hamilton. 

(Throwing hack her wrap and fanning vio¬ 
lently) With her looks and her money she could 
have anybody! 

Mrs. Townsend. 

I know she could — but you see, my son isn’t 
anybody! He’s my son. {Fiercely) My only 


THE FULL PENALTY 


16 

son, and I want him to have the very best that 
life can hold. ( Half wider her breath) I want 
him to have what I have missed. 

Mrs. Hamilton. 

The world considers you a pretty happy woman, 
my dear. At least it did, till you took up this 
ridiculous slumming business! 

Mrs. Townsend. 

This ridiculous business, as you call it, saved 
my life. (Rises, going to the mantel-piece, leans 
on it looking down into the fire) I never talk 
about the past, Harriet — even to you, though 
you knew all that happened at the time. You 
advised me to leave Julian—to divorce him, and 
take my child and go my way and in time be 
happy! Well, I didn’t take your advice. Why? 
For a variety of reasons, but principally — prin¬ 
cipally for Philip’s sake! 

Mrs. Hamilton. 

My dear, are you quite sure of that? 

v.~ 

Mrs. Townsend. 

What do you mean? 

Mrs. Hamilton. 

Don’t you think perhaps,— way down in your 
heart, you dreaded the disgrace, the publicity, the 


ACT ONE 


17 

vulgarity of a public separation, or divorce — 
more than you realize? 

Mrs. Townsend. 

No, I was thinking of my boy. I wanted him 
to have a home — a mother and a father! No 
scandal and disgrace, no question of his parents’ 
honor or dishonor, to handicap him in the race. 

Mrs. Hamilton. 

You were probably right. 

Mrs. Townsend. 

Of course I was right! What difference did 
my own unhappiness make? It’s the child that 
counts, first, last and all the time. What is best 
for the child in all such cases, is the only thing to 
be considered. 

Mrs. Hamilton. 

Very fine, my dear — but not practical for all 
of us. / want a little, just a little, happiness my¬ 
self! 

Mrs. Townsend. 

I have been happy— Not in the one way 
that most women consider the only way — per¬ 
haps. 

Mrs. Hamilton. 

(Interrupting bluntly) My dear, you’ve been 
in an impossible position. If you hadn’t been an 
angel, you couldn’t have stood it. 




18 THE FULL PENALTY 

Mrs. Townsend. 

Harriet! 

Mrs. Hamilton. 

You know, I remember when David Rand first 
appeared on the scene. It was a pretty stiff fight 
you had to put up then ! 

Mrs. Townsend. 

What do you mean? 

Mrs. Hamilton. 

I haven’t forgotten. You liked him, my dear. 
You liked him so well, that when you sent him 
away and decided not to divorce Julian, but to 
remain all your life in that position of all others, 
the most impossible and unnatural, a wife only 
in name — you went to bed with something very 
like nervous prostration and you’ve never looked 
the same since. 

Mrs. Townsend. 

I won’t deny it! It was a pretty stiff fight! 
But I made it and I won. And I was right! 

Mrs. Hamilton. 

Perhaps! 

Mrs. Townsend. 

My dear. Can there be any question about it? 
Look at Philip. Whatever happens now, at 


ACT ONE 


19 

least, he can never reproach me with having sought 
my own happiness at his expense. 

Mrs. Hamilton. 

No, not for that. (Rising impulsively and 
laying her hand on Mrs. Townsends arm) But 
Elizabeth. ( Hesitates ) If I am going too far, 
just tell me so. I know it is not a subject that 
you even mention to anyone, but really, dear, 
don’t you think that Julian is going a little too 
far? Is just a little too open with his affairs? 
That last one, you know, with the Bohemian dan¬ 
cer! Town Topics and the Washington Mirror 
cer! Town Topics and the Washington Mirror 
both full of it. Can’t you remonstrate with him? 

Mrs. Townsend. 

(Slowly and painfully with averted face) 
Harriet. I have long since ceased to speak to 
Julian about anything that intimately concerns 
either himself or me! A woman in my position 
cannot dictate terms. 

Sound of laughter and voices outside of door 

R. 2 . 

(With a change of voice, speaking naturally) 
Here come the others; have you met Natalie? 

Mrs. Hamilton. 

No, I believe not. 

Enter Natalie Chambers and Philip Townsend. 


20 THE FULL PENALTY 

The former, a tall, slender, dashing girl, 
about twenty-one, very handsomely and strik¬ 
ingly dressed though somewhat in the ex- * 
treme of the fashion. Her manner ■is hard 
and indifferent, almost to insolence. Philip 
Townsend is a slender, rather delicate youth 
of twenty-four. 

Mrs. Townsend. 

Natalie, this is my friend, Mrs. Hamilton. 
We were girls together, my dear. 

Natalie and Mrs. Hamilton shake hands. 

Mrs. Hamilton. 

So glad to meet you, Miss Chambers. You 
know my young people, I believe. 

Natalie. 

Yes, I do, Mrs. Hamilton. 

Mrs. Hamilton. 

Well, Philip. 

Philip. 

Mrs. Hamilton. 

They shake hands. Enter Kent with tray of 
coffee, puts it down on small table to left. 
Mrs. Townsend rises, crosses to it and be¬ 
gins pouring coffee, Kent passing cups. 

Mrs. Townsend. 


Harriet. 




ACT ONE 


2 I 


Mrs. Hamilton. 

No, my dear, I had my coffee at home. I can’t 
think what has become of my car. 

Philip. 

{Looks at watch ) If you are going to the 
Opera, you’ll be late. 

Mrs. Hamilton. 

Yes. 

Mrs. Townsend. 

Two lumps, Natalie? 

Natalie. 

If you please. 

Kent passes cap to Natalie. 

Mrs. Townsend. 

Philip? 

Philip. 

No sugar, mother. {Crosses to her and stands 
with hand on hack of her chair) 

She gives him Ms cap herself, then strokes his 
hand with a little loving gesture. 

You look tired, mother. 

Mrs. Townsend. 

{Brightly) Do I, dear? Then I must rest 
up. You know my boast is, that I am never tired. 
Have the others had their coffee? 


22 


THE FULL PENALTY 


Philip. 

No, I’ll call them. (Crosses to door R. 2 ) 
They’re so busy demolishing T. R., they’ve prob¬ 
ably forgotten all about coffee. (Opens door, 
calls ) I say, Dad, don’t you and the Judge want 
any coffee? 

Townsend. 

( Outside) Yes, we’re coming. 

Mrs. Hamilton. 

I’m sure Walton must have had a puncture. 
(L ooks anxiously at clock ) Eight fifteen! And 
I do so love that first act of u The Walkure.” 

Enter Julian Townsend and Judge Rand. 
Townsend is a man of forty-eight, heavily 
built but quite handsome in a conventional 
way. Judge Rand is a man of about fifty or 
thereabouts, with a face of keen intelligence 
and power, and a kindly, genial manner. 

Townsend. 

(Crossing to Mrs. Hamilton) Well, Mrs. 
Hamilton, this is a pleasure! (Shakes hands 
with her, with a boldly admiring glance. Shrug¬ 
ging his shoulders ) I don’t see how you do it! 
By Jove, I don’t! 

Mrs. Hamilton. 


Do what? 


23 


ACT ONE 

Townsend. 

The elixir of youth, I suppose. But I wish 
you’d disclose the secret. 

Mrs. Hamilton. 

Nonsense! 

Mrs. Townsend gives Judge Rand his coffee. 
Philip and Natalie talking together. 

Mrs. Townsend. 

(Addressing her husband in a slightly con¬ 
strained manner) Will you have coffee, Julian? 

Townsend. 

(Without looking at his wife ) Yes. 

Kent passes his cup and exits. Townsend con¬ 
tinues his conversation with Mrs. Hamilton 
in a low voice. 

Mrs. Townsend. 

{To Judge Rand, who sits in chair beside her) 
Jennie Nolan telephoned that she would be here 
in about half an hour. 

Judge Rand. 

{Stirring his coffee) Poor little soul! 

Philip. 

{To Natalie) Have a cigarette, Natalie? 


24 


THE FULL PENALTY 
Natalie. 

Thanks. (She lights and smokes in a thor¬ 
oughly professional way) 

Philip. 

(Rctising his voice and holding up box) 
Cigarette, Mrs. Hamilton? 

Mrs. Hamilton. 

No, thanks. I haven’t time. 

Natalie. 

Perhaps your mother will, Philip. 

Philip. 

(Laughing) Fancy mother smoking! (Re¬ 
turns to her side and draws his chair close to 
her) 

There is the sound of an automobile horn. 

Mrs. Hamilton. 

There’s my car! (Rises, pulling her wrap 
around her, Townsend assisting. To Townsend) 
Thanks! (To Mrs. Townsend) Goodnight, 
my dear, thank you a thousand times for the 
tickets. 

Kent. 

Mrs. Hamilton’s automobile. 

Mrs. Townsend. 

Very well, Kent. 


ACT ONE 25 

Mrs. Hamilton. 

(To Natalie and Philip, who both rise) Good 
night. 

There is a chorus of good-nights. 

Townsend. 

I’ll put you in. 

Mrs. Hamilton. 

It’s not necessary. 

Exits, followed by Townsend. 

Mrs. Townsend. 

(To Judge Rand, who carries cofee cup over 
to tray) Won’t you have another cup? 

Judge Rand. 

No, thanks. That was delicious. Just what 
I wanted. (Returns to his former seat) I 
agree with Philip, you look tired. 

Mrs. Townsend. 

Well, to tell the truth, I am a little tired. 

Judge Rand. 

You’ve been working too hard. And you take 
these girls’ wretched affairs too deeply to heart. 
It won’t do I 

Mrs. Townsend. 

You’re a good one to scold me for that. 


2 6 


THE FULL PENALTY 


Judge Rand. 

You ought to have gone to the opera to-night. 
It would have done you good. 

Mrs. Townsend. 

I shouldn’t have heard a note of the music. 
I’ve been able to think of nothing but this poor 
child ever since she told me her story. Judge 
Rand, we must find that man, we must! 

Judge Rand. 

We will. Leroux is the best detective I know. 
Mrs. .Townsend. 

Yet he’s been able to report nothing. 

Judge Rand. 

Because she gave us no clue. 

Re-enter Townsend. 

Townsend. 

Well, Judge, how about a game of billiards? 

Judge Rand. 

( Rising ) I’m no match for you. 

Mrs. Townsend. 

Philip, you go and coach the Judge, I want to 
have a little talk with Natalie. 

Philip. 

(Rises reluctantly ) Come on, Judge. I’m 


ACT ONE 


27 

some coach, I can tell you, even if Dad can wipe 
up the floor with me. 

The three men exit R. 2. 

Mrs. Townsend. 

(Rises and crosses to sofa, to Natalie) Come, 
sit here, Natalie. 

Natalie rises, tosses Cigarette on tray on table; 
crosses to sofa. 

Natalie. 

(Rather bored) Was it anything special, Mrs. 
Townsend ? 

Both sit, Mrs. Townsend takes two cushions 
and places them at Natalie’s back. 

Mrs. Townsend. 

There, isn’t that more comfortable? No — 
nothing special, only Philip monopolizes you so 
completely, dear, that I never have a word with 
you. I want to know you better. I want you to 
be just a little bit fond of me, my child. 

Natalie. 

( Unrespons'ively) Oh! Mrs. Townsend! 
( Hesitates ) 

Mrs. Townsend. 

Well, out with it! 

Natalie. 

(Hesitates) Well, you see we look at things 


28 


THE FULL PENALTY 


so differently and to tell the truth ( smiling) I’m 
a little bit afraid of you! 

Mrs. Townsend. 

(.Smiling also) Dear me! How dreadfully 
unpleasant. 

Natalie. 

You see — you’re so serious. And I’m not a 
bit serious. I don’t want to be! To tell the 
truth I rather enjoy being frivolous. 

Mrs. Townsend. 

(.Patting Natalie's hand softly) Of course 
you do, my child! What healthy minded young 
girl doesn’t? I’m sure I used to, just as much as 
you, or anybody else. 

Natalie. 

Really? 

Mrs. Townsend. 

Yes. 

Natalie. 

I never should have imagined it. 

Mrs. Townsend. 

(Nodding her head) I haven’t always been 
an old fogy, I assure you. 

Natalie. 

Oh, I didn’t mean that! 


29 


ACT ONE 

Mrs. Townsend. 

(Suddenly serious) But when one’s heart and 
mind are full of the tragedy of other lives! 
Young lives, Natalie! Lives as young as yours! 
AVhen one hears every day some pitiful story of 
ruin and despair and misery, not far away across 
the world, but right here at our doors, we lose all 
interest in the things that amused and interested 
us before! 

Natalie. 

But one can t do any good! 

Mrs. Townsend. 

(As though she had not heard) You say, you 
enjoy being frivolous. Of course you do. It’s 
natural and right. And these poor girls, I’m 
interested in, that’s all they want, to be frivolous 
and silly perhaps, and to have a little fun. But 
what does it bring them to? Where do they find 
themselves if they give way to that impulse? 

Natalie. 

( Shrugs) I don’t suppose it’s quite fair. 

Mrs. Townsend. 

Fair! Natalie, the injustice of it fills me with 
such impotent rage, that I sometimes feel as 
though my heart would break! 


3° 


THE FULL PENALTY 


Natalie. 

(With half shrug) Well, we can’t do any¬ 
thing. It’s always been so! 

Mrs. Townsend. 

There’s a girl coming here to-night, a child of 
seventeen. A year ago she was as innocent and 
light hearted as you or any of your friends. En¬ 
gaged to be married, and happy, though she did 
work ten hours a day in a laundry and just man¬ 
aged to keep body and soul together on what she 
made. 

Pause. 

Natalie. 

What happened? 

Mrs. Townsend. 

She made friends with a girl who roomed in 
the same house with her. She knew nothing about 
the girl; she seemed quiet enough. And one 
evening they went together to the theatre, just 
the two, but afterwards Jennie’s friend was joined 
by two young men, well dressed, gentlemen, she 
thinks. Supper was proposed and she was per¬ 
suaded to go. At supper a bottle of wine was 
opened. She remembers nothing more of that 
evening. When she woke, she was back in her 
little room and the sun was streaming in at her 
window. 


ACT ONE 31 

Natalie. 

But . . . 

Mrs. Townsend. 

In a few months she knew! 

Natalie. 

( Shrinking ) Oh, it can’t be true! 

Mrs. Townsend. 

I know it is! It was then that she came to 
me. She had lost her position in the laundry. 
She was ill, desperate. I sent her into the coun¬ 
try till it was all over! But now what is to be¬ 
come of her child? What should be done to that 
man? With such questions as these clamoring 
in my brain, do you wonder that I cannot go to 
dinners, dances and luncheons? But I wish I 
could interest you in the poor child, Natalie, won’t 
you go with me to see her to-morrow? 

Natalie. 

Oh! I don’t want to see her! 

Mrs. Townsend. 

Oh, my dear! Do me this favor, dear. I 
won’t stay long! 

Natalie. 

(Rising impatiently) I loathe poverty! If 
those people would work, there wouldn’t be any! 


32 


THE FULL PENALTY 

Mrs. Townsend. 

Oh ! Natalie ! How little you know. 

Natalie. 

And besides, if girls would behave themselves, 
they wouln’t go wrong! No decent man of my 
acquaintance would take advantage of an innocent 
girl! They may have their mistresses, but 
then— {A slight pause) What can be done to 
the man? 

Mrs. Townsend. 

The severest punishment our wretched laws 
permit is five years’ imprisonment. That he 
shall get. 

Natalie. 

He gets five years. And she, a life sentence! 

Mrs. Townsend. 

Just so! 

Enter Philip. 

Philip. 

Haven’t you two had enough of each other? 

Mrs. Townsend. 

( Smiling ) I’ll let you have her now. 

Philip. 

Then come and play to me, Natalie. 


ACT ONE 


33 


Mrs. Townsend. 

Ws, do, dear. We are pining for some music. 

Natalie. 

( Rising) If you really want me to. 

She and Philip walk towards door R. I. Mrs. 
Townsend crosses to door L. 

Philip. 

{To Natalie) I got the score of “The 
Jewels.” 

Natalie. 

Good! I’ve been dying to try the Intermezzo. 
They exit R. i. Mrs. Townsend exits L. as 
Judge Rand enters R. 2 , followed by Julian 
T owns end. 

Judge Rand. 

Really, Townsend, my playing grows more and 
more hopeless! You see I never touch a cue ex¬ 
cept in this house. 

Townsend. 

No! (Looking him up and down ) You lead 
a musty, dusty life, Rand, and by Jove, you begin 
to look a little musty yourself. 

Judge Rand. 

I daresay! Now you keep pretty fit. 


34 


THE FULL PENALTY 
Townsend. 

(Throwing himself into an arm chair, motion¬ 
ing to one facing him) Yes, the devil loves his 
own, you know! ( Makes rings of smoke, watch¬ 
ing them ascend, with half closed eyes ) You 
know I’ve always burned the candle at both ends 
for all I was worth, but there seems to be an inch 
or two left still. 

The piano can he heard, off. 

Judge Rand. 

How well Miss Chambers plays. 

Townsend. 

Yes, good looking too. However, these early 
marriages are a mistake. 

Judge Rand. 

I can’t say I agree with you. When the two 
are suited to each other, it is the best thing that 
can happen. 

Townsend. 

My dear Rand, the woman that suits us at 
nineteen, would bore us to death at twenty-five. 
And so on ad infinitum. Of course it’s your busi¬ 
ness to ignore the scientific fact that man is by na¬ 
ture a polygamous animal — but it’s true never¬ 
theless, and it always will be. 


ACT ONE 35 

Judge Rand. 

(Dryly) This being the case why bother with 
marriage at all? 

Townsend. 

You see as Society is constituted at present, it 
is a necessity—although a very disagreeable one. 
And according to my notions, it should be post¬ 
poned to the later years of a man’s life, say the 
fifties, when a man begins to yearn for his ain 
fireside — a bairn or two — not to speak of a le¬ 
gal heir! 

Judge Rand. 

(Warmly) And before this, he is to prey 
upon Society, a corrupting influence wherever he 
goes! 

Townsend. 

(Airily) Before this, he is to wander over 
the sands of Pleasure — and live! live! my dear 
Judge, for all he is worth! 

Judge Rand. 

Finding his victims wherever he can! 

Townsend. 

My poor Rand, your Puritan Grandfather 
speaks again in you. 




36 


THE FULL PENALTY 


Judge Rand. 

And have you preached your doctrines to 
Philip ? 

Townsend. 

Oh, Philip and I understand each other. After 
all, we are very much alike. You can imagine 
how maddening it is to be compelled to sit by and 
see him make the same mistake that I made my¬ 
self at his age. 

Judge Rand. 

Which is? 

Townsend. 

Marriage! 

Enter Mrs. Townsend. Townsend rises. 

Sit here, Elizabeth. I think I’ll go and knock 
the balls about for a while. 

Mrs. Townsend. 

(Crossing to desk ) Thanks, I have a memo¬ 
randum to make. (Sits at desk and begins to 
write) 

Townsend. 

Join me when you feel like it, Rand. (Exit) 

Judge Rand crosses and stands by desk. 

Mrs. Townsend. 

(Looking up from her writing) I was jotting 


ACT ONE 


37 

down the questions we want to ask Jennie. First 
we want as good a description as we can get of 
that man. 

r Judge Rand. 

Yes. 

Mrs. Townsend. 

H is coloring, size, voice; also of his com¬ 
panion; the name of the girl or the assumed 
name. As good a guess as she can make of that 
so-called restaurant, and whether she recognized 
anyone there. 

Judge Rand. 

The appearance and manner of the proprietor, 
and whether the guests seemed well behaved, or 
if there was any disorder. 

Mrs. Townsend. 

( Writes, then rises and crosses to chair beside 
his) Judge Rand, what sentence are you going 
to give this man? 

Judge Rand. 

My dear Mrs. Townsend, I can’t discuss that 
matter even with you! 

Mrs. Townsend. 

Remember there are no extenuating circum¬ 
stances to be considered. Every other time, the 


THE FULL PENALTY 


38 

i r * • n * -**•» ij"*c 

man has managed to take advantage of some 
technicality. That mustn’t happen this time. 

Judge Rand. 

I think you can rely on me to interpret the law 
according to my deepest conviction. 

Mrs. Townsend. 

The law is miserably inadequate, it should be 
twenty years instead of five! I hope the man will 
get the full penalty. 

Bell rings. Martha enters. 

Martha. 

Jennie Nolan, Mrs. Townsend. 

Mrs. Townsend. 

Show her in, Martha. 

Martha exits. 

Judge Rand. 

Shall I leave you to receive her? 

Mrs. Townsend. 

Yes, I will call you. 

Judge Rand crosses to door R. 1 and exits. 

/ 

Mrs. Townsend pulls a comfortable chair 
close to the fire; then crosses to coffee tray, 
feels coffee pot; shakes her head to find it 
cold. Enter Martha ushering in Jennie 
Nolan. The latter is an extremely pretty 


ACT ONE 


39 


girl with an appealing, pathetic manner; she 
is becomingly but plainly dressed, looks about 
as though frightened. Mrs. Townsend ad¬ 
vances to greet her with outstretched hands. 
Martha Ungers by the door, trying to look 
disapproving; but furtively touched all the 
same. 

Dear child, I’m so glad to see you. (Taking 
her hand in both of her own) You are cold; 
come right over by the fire, and Martha. ( Turns 
to Martha) 

Martha. 

Yes’m. 

Mrs. Townsend. 

Bring some hot coffee. 

Jennie. 

Oh no, Mrs. Townsend. 

Mrs. Townsend. 

(.Firmly to Martha) Some hot coffee and 
some sandwiches right away. 

Martha. 

(Takes up coffee pot from tray) Yes, Mum. 
(Exit) 

Mrs. Townsend. 

Now, my dear, sit down here. (Indicating 


40 


THE FULL PENALTY 


chair by fire and drawing her own close) I had 
no idea it was so cold. 

Jennie. 

Oh! it’s bitter. 

The piano in the next roo?n begins this moment ; 

Jennie starts and looks toward it. 

Mrs. Townsend. 

Do you like music, Jennie? 

Jennie. 

Yes’m, I love it. I used to play the melodeon 
once myself a little bit. 

Mrs. Townsend. 

You did? 

Jennie. 

Yes’m; I used to sing hymns home evenings, 
sometimes. ( Looks around and speaking with a 
sudden change of tone and intensity ) Mrs. 
Townsend, I want to tell you something before 
Judge Rand comes in. 

Mrs. Townsend. 

Well ? 

Jennie. 

I’m not going to give up my baby; I’ve made 
up my mind to that! I don’t care what comes, 
I’m not going to give her up. 


ACT ONE 
Mrs. Townsend. 


4i 


(Leaning forward impulsively and taking her 
hand) Why, Jennie? 

Jennie. 

(Obstinately) Because I’m not. 

Mrs. Townsend. 

But you told me that you couldn’t keep her; 
that you wanted to go away somewhere, where no 
one would know, and start over again, and you 
couldn’t support a child. 

Jennie. 

Yes’m, I know I did, but that was before she 
came! Before I nursed her. ( Leaning forward 
with a sudden radiant smile and stretching out 
her arms) Every day she creeps closer and 
closer into my heart! ( Her arms drop by her 
side and the smile fades) If you take her away, 
I’ll kill myself,—that’s all. 

Mrs. Townsend. 

( Tenderly ) My child, do you suppose I want 
you to give her up? Don’t you think I under¬ 
stand? Why, Jennie, I am a mother myself. 
My son is more precious to me than anything and 
everything in the world. 


42 


THE FULL PENALTY 


Jennie. 

I didn’t know you had any children, Mrs. Town¬ 
send. 

Mrs. Townsend. 

Just one son, Jennie. I lost a little girl years 
ago. That’s why I love all girls so much. And 
now my son is all I’ve got. If anything happened 
to him — 

Jennie. 

Oh nothing ever will, with you to look out for 
him. Nothing could! 

Mrs. Townsend. 

( Taking her hand) I’ll see that you keep your 
baby, dear. 

Jennie. 

(Doubtfully) It doesn’t seem as if I could 
take care of her, but I guess I’ll find a way. I — 
got to, somehow. 

Mrs. Townsend. 

(Very gently) But your sweetheart, Jennie? 
The man you’re engaged to? 

Jennie. 

(With a half sob) The man I was engaged 
to, Mrs. Townsend. I guess it’s all up with Tom. 

Mrs. Townsend. 

Have you seen him? 


ACT ONE 


43 


Jennie. 

No, he’s still away; but he hasn’t written me a 
word for two months. 

♦ Mrs. Townsend. 

And you think — 

Jennie. 

{With bitterness) I know some kind friend 
has put him wise. And he hasn’t any use for me 
any more. Anyway, I won’t give up my baby, not 
even for him! 

Mrs. Townsend. 

No, dear. 

The piano again sounds out, playing a lullaby. 

Jennie. 

{Looking towards it) My, isn’t that pretty 
though? Sounds so peaceful and happy! {Lis¬ 
tens for a moment) 

Enter Martha bringing pot of steaming coffee 
and sandwiches. Mrs. Townsend pours a 
cup and brings it to her. Exit Martha. 
Jennie leans back in her chair, her head re¬ 
laxes, as though very tired. 

Mrs. Townsend. 

{As she pours coffee) Tired, dear? 


44 


THE FULL PENALTY 


Jennie. 

(With a laugh which ends with a sob) Tired! 
I’m about all in! After my work was over, I 
tramped it way out to the hospital to see the kid. 
I couldn’t have gone to bed without seeing her. 
(Leaning forward eagerly) She was awake, 
eyes wide open, suckin’ her thumb. And she 
knew me! That’s straight, Mrs. Townsend, she 
knew me, and smiled. 

Mrs. Townsend brings coffee to her. She 
starts to rise but Mrs. Townsend motions her 
back into the chair. 

Mrs. Townsend. 

I’m sure she did, Jennie. 

Jennie. 

( Taking coffee and sipping it and eating sand¬ 
wiches as though very hungry. After a mouth- 
fid or two with an apologetic laugh) Tastes kind 
of heavenly, these sandwiches. 

Mrs. Townsend. 

Are you hungry, dear? 

Jennie. 

I didn’t know I was before. 

Mrs. Townsend. 

(Rising and putting plate of sandwiches on 
table beside her) Take your time and eat all 


ACT ONE 45 

you want; I’ll go and tell Judge Rand you’re here. 
{At door) You’ll tell him everything you can, 
won’t you, dear? 

Jennie. 

If you want me to, Mrs. Townsend. 

Mrs. Townsend. 

I do, my dear, we want to find that man. And 
we want to give him the full penalty for his crime. 
He must be made an example. 

Jennie. 

Yes’m. 

Exit Airs. Townsend. Jennie drinks her cof¬ 
fee listening to the piano; evidently soothed 
by the warmth and comfort, her position re¬ 
laxes. She stretches out her hand to take 
another sandwich, and at that moment her 
eye falls upon the photo of Philip Townsend 
standing on table. She starts violently, al¬ 
most dropping her plate. Seizes photo and 
looks at it. Then at portrait over mantel, 
stares at both in great agitation, then lays 
photo down, rises, seizes her muff and gloves 
on chair and starts towards door L. At 
that moment, door R. 2 opens and Philip 
Townsend comes in, a few laughing words 
back over his shoulder. 


4 6 


THE FULL PENALTY 


Philip. 

I know I have the book somewhere. Just a 
minute, Natalie. 

Jennie stops in consternation between the 
portieres. Philip gets w\ell into room be¬ 
fore he sees her. When he does so he starts 
violently with a smothered oath. 

Philip. 

You! (Looks toward door as though fright¬ 
ened) 

Jennie. 

My God! 

Philip. 

What are you doing here? 

Jennie. 

( Huskily) Your mother — helping me. 

Philip. 

(Seizing her roughly) It’s blackmail! You 
came to blackmail my mother. 

Jennie. 

No! No! 

Philip. 

You have no proofs. It’s your word against 
mine. 


ACT ONE 


47 


Jennie. 

What d’you mean? 

Philip. 

Your word against mine, remember. 

Jennie. 

I didn’t know you were her son. I didn’t 
know who you were! You said your name was 
Holden. Jim Holden. 

Philip. 

Then what are you doing here? 

Jennie. 

Your mother’s been helping me and my baby; 
I’ve been sick. 

Philip. 

(Raising his hand) I thought so, you can’t 
put up that old gag on me! 

Jennie. 

( Shrinking ) Oh! 

Philip. 

I’ve been abroad for six months. Before I 
went, I found you had disappeared. But I don’t 
know what you’ve been up to all this time. You 
can’t prove that’s my child. 

Jennie. 

(With indignation) I don’t want to prove it. 


THE FULL PENALTY 


48 

I never dreamed its father was her son. Do 
you s’pose Fd been here if I’d known that? Do 
you s’pose I want to break her heart, when she’s 
been my friend straight through? I’d die first. 
That’s why I was going, I was going to go soon 
as I saw that photograph. ’Tain’t for your sake! 
Honest to Gawd, I don’t care what comes to 
you! Nothing this side of Hell ain’t too bad for 
you. ( With a Witter laugh ) To think an angel 
like that has got you for a son! That’s what 
beats me! 

Philip. 

If you’ll go without a word to her and hold 
your tongue, I’ll pay you five hundred dollars! 
I’ll bring it to you to-morrow. 

Jennie. 

(Fiercely ) Keep your money! I’d starve be¬ 
fore I’d touch a cent of it! I don’t want a bribe 
to hold my tongue when speaking would break 
her heart. I’ll keep quiet all right, but not for 
your sake or your dirty money! But for her. 

Philip. 

Hush! She’s coming. 

He picks up a book at random from table and 
turns to door R. 2. R. 1 opens, and Mrs. 
Townsend enters, followed by Judge Rand. 


ACT ONE 


49 


Mrs. Townsend. 

(Stopping surprised) Why, Philip! 

Philip. 

(Confused) Natalie wanted this book of 
poems. She’s waiting for it. (Exit) 

Jennie stands, drawing on her gloves, seems 
embarrassed and uneasy . 

Mrs. Townsend. 

This is Judge Rand, Jennie. Don’t you re¬ 
member him? 

Jennie. 

Yes’m. 

Judge Rand. 

Good evening, Jennie. 

Jennie. 

Good evening, your Honor. 

Mrs. Townsend. 

Come sit down here, dear. Don’t put on your 
gloves. 

Jennie. 

I, I, thought p’raps I’d better go. ( Takes step 
to door) 

Judge Rand. 

No, my child, I want to speak to you. Mrs. 
Townsend tells me that now you are ready to give 
us full particulars. 


5° 


THE FULL PENALTY 


Jennie. 

I promised, Sir, I know I did; but I can’t now; 
Pm sick. Mrs. Townsend, I feel faint and shaky, 
all of a sudden! I must go. 

Mrs. Townsend. 

(Crossing to her) Poor child! Sit down 
here a moment. ( Pushes her into an arm chair. 
To Judge) Perhaps a drop of brandy. 

Jennie. 

(In excitement) No, no, nothing! I’ll be all 
right. ( Looking around) Only, only Fd better 
be going. 

Mrs. Townsend. 

(Rather sternly) My dear, you can’t treat 
Judge Rand this way. His time is very valuable 
and he’s given up his evening to you because you 
promised to help him in this matter, which we both 
have deeply at heart. 

Jennie. 

Yes’m, I know. 

Judge Rand. 

You promised to describe this man to me. 

Jennie. 

Yes, but — it seems as if I can’t exactly remem¬ 
ber him, now. 


i 


ACT ONE 


5i 


Judge Rand. 

You can remember whether he was tall or short, 
blonde or dark. 


Jennie. 

(After a moment’s hesitation speaks glibly 
enough) He was short and stoutish with a dark 
beard. 

Mrs. Townsend. 

(Astonished) Why, Jennie, I thought you 
told me he was blonde, very blonde? 

Jennie. 

{Excited) Oh, no, I couldn’t have said that, 
Mrs. Townsend. You must be mistaken. He 
was real dark. He had a queer kind of accent. 
I don’t know what kind, but queer. 

Judge Rand writes description in note book. 

Judge Rand. 

And you don’t know what street the restaurant 
was on, nor what it looked like? 

Jennie. 

’Twas on a corner and there was a side door. 
And the men had to stoop to go in. 

Judge Rand shrugs his shoulders and exchanges 
a glance with Mrs. Townsend. 


52 


THE FULL PENALTY 


Judge Rand. 

(To Mrs. Townsend) There are several hun¬ 
dred places in New York that would answer to 
that description. 

Mrs. Townsend. 

Flow large was the room you had supper in? 

Jennie. 

Oh, that was little, just big enough for the 
four of us. And they had hot roast duck and 
hominy and gravy, plenty of it! I remember 
that. {With an apologetic laugh that ends tremu¬ 
lously) I was so awful hungry. 

Judge Rand. 

How about the girl who was with you ? Where 
is she? 

Jennie. 

For about a week afterwards, I saw her every 
day, but I didn’t speak to her, and then she went 
away somewheres. I don’t know where. 

Judge Rand. 

And you’ve never seen her since? 

Jennie. 

No, Sir! ( Glances furtively towards door R. 
i as a crashing chord is played on the piano) 
I’ve got to go. It’s getting late. 




ACT ONE 


53 


Judge Rand. 

And you can tell me nothing more, Jennie? 

Jennie. 

No, nothing. (Moves towards door as though 

anxious to escape) 

At this moment door R. 2 opens, and Natalie 
comes in, followed by Philip, who evidently 
remonstrates with her. 

Natalie. 

Sorry, Philip, but I really must. {To Mrs. 
Townsend) I’m awfully sorry to disturb you, 
Mrs. Townsend, but I promised mother to be 
back at nine. 

Mrs. Townsend. 

That’s all right, my dear, good-night. {Holds 
out her hand and kisses Natalie affectionately) 
Jennie seems to shrink into herself, presses back 
against the wall, staring at Natalie in won¬ 
dering admiration. 

i 

Natalie. 

Good-night, Judge Rand. 

Judge Rand. 

Good-night, Miss Chambers. 

Exit Natalie, followed by Philip. As the lat¬ 
ter goes out his mother speaks to him. 



54 


THE FULL PENALTY 

Mrs. Townsend. 

Will you be back soon, Philip? 

Philip. 

(Stopping on threshold ) In a few moments, 

mother. {Exit) 

Mrs. Townsend. 

Then, Jennie, if that is all you can tell the 
judge, we won’t keep you any longer. 

Jennie. 

Good night, Mrs. Townsend. 

Mrs. Townsend lings for Martha. Martha 
enters. 

Mrs. Townsend. 

Good night, my dear. I’ll see you to-morrow 
possibly. 

Jennie. 

Thank you. Good night, your Honor. 

Judge Rand. 

Good night. 

Exit Jennie ; followed by Martha. 

Mrs. Townsend. 

Poor little soul. {Sighs) 

Judge Rand. 

Did you see how she stared with all her eyes 
at Miss Chambers — at her gown and her jew¬ 
els? 


ACT ONE 
Mrs. Townsend. 


55 


Yes, I saw. 

Judge Rand. 

And yet, Jennie Nolan is quite as beautiful as 
Natalie Chambers! 

Mrs. Townsend. 

Quite as beautiful? More beautiful, and with 
a deeper nature, a warmer heart! 

Judge Rand. 

Then, you are not pleased with the engage¬ 
ment? I wasn’t sure. 

Mrs. Townsend. 

I shouldn’t say that. I dare say it would be 
impossible to find a wife for Philip, that would 
fully satisfy his mother. 

Judge Rand. 

How you worship that boy! 

Mrs. Townsend. 

He’s all I have. (Pause) Do you remember 
you once predicted I would live to regret my de¬ 
cision? You were mistaken, dear friend. I’ve 
never ceased to be thankful that I decided as I 
did. 

Judge Rand. 

Wait, the end hasn’t come yet. 


56 


THE FULL PENALTY 

Mrs. Townsend. 

With Philip happily married, I feel that my 
responsibility is over. 

Judge Rand. 

Possibly — but . . . 

Enter Julian Townsend. 

Townsend. 

Well, have you two finished meddling in the 
affairs of people less fortunate than yourselves? 

Judge Rand. 

Is that the way you put it, Townsend? 

Townsend. 

(Standing in front of fireplace) Yes, that’s 
just the way to put it. Fancy how infuriating it 
would be to be hectored and questioned and bul¬ 
lied the way you hector these poor creatures! 
Suppose anyone deprived me of my right to get 
drunk, when and where I pleased, and hauled me 
up into court for making a pretty speech or two, 
to my neighbor’s wife? Strikes me, you’re tam¬ 
pering with the Constitution and Individual Lib¬ 
erty ! 

Judge Rand. 

(Drily) So many of our clients think. 

Townsend. 


Where’s Philip? 


ACT ONE 57 

Mrs. Townsend. 

He took Natalie home; said he’d be right back. 

Townsend. 

Shall you stop at the Club, Judge? 

Judge Rand. 

No, I have some work to do at home. That 
reminds me I must be off, Mrs. Townsend. 

Mrs. Townsend. 

Oh, must you go? I’m sorry. 

Judge Rand. 

{To Townsend) Good night, Townsend. 

Townsend. 

Good night, Judge. 

Judge Rand shakes hands with Mrs. Town¬ 
send. 

Judge Rand. 

Remember, you promised to take the rest. 

Mrs. Townsend. 

I will; good night. 

Exit Judge Rand, followed by Townsend. 

Mrs. Townsend crosses to desk, picks up a 
book and a magazine, starts to door R. I 
when Townsend returns. 

When Philip comes, please, tell him to come 
and bid me good night. 


58 


THE FULL PENALTY 

Townsend. 

I’m going to the Club. You’d better leave 
word with Kent. 

Mrs. Townsend. 

Oh, very well. (Exit) 

Townsend crosses and exits door R. I. Re¬ 
turns in a moment with a box of cigars; opens 
it and takes out three or four, thrusts them 
into his pocket , and goes to door L just as 
the portieres open, and Philip comes in. He 
is evidently anxious and excited. 

Philip. 

Where’s mother? 

Townsend. 

She’s gone up to her room, wants to see you. 

Philip. 

Did she say so? 

Townsend. 

Wants to bid you good night. What’s the mat¬ 
ter, Phil? 

Philip. 

» 

Dad, I’m in the devil of a mess! 

Townsend. 

What do you mean — money? 


ACT ONE 
Philip. 


59 


No. 

Townsend. 

A woman? 

Philip. 

(Throwing himself 'into an arm chair) A rot¬ 
ten mess! 

Townsend. 

(Drawing a cigar from his pocket which he 
handles idly) Well, my boy, perhaps I can help 
you out. I’ve been in a few tangles myself, first 
and last. 

Philip. 

Nothing like this! 

Townsend. 

Oh, I don’t know. There’s probably a way 
out of it; 

Philip. 

There’s no way out of it that I can see. Who 
would ever believe that mother would stumble on 
her of all the girls in this great city of New York! 

Townsend. 

You mean to say — 

Peiilip. 

I knew that mother and Judge Rand were deep 
in some damn case, but I never guessed! 


60 THE FULL PENALTY 

Townsend. 

What? 

Philip. 

I’m the man they’re [after, and there’s nothing 
to prevent their learning the truth, except the 
word of that girl. 

Townsend. 

The girl that was here to-night? 

Philip. 

Yes. 

Townsend. 

The devil you say! 

Philip. 

Guess I’d better clear out. Go back to Paris 
for a while. 

Townsend. 

Ph, no, that won’t do. Never run in a case 
like this; it’s fatal. Just leave it to me. 

Philip. 

What will you do? 

Townsend. 

Well, I never yet saw a hole so deep that money 
couldn’t get you out of it. 

Philip. 

I offered her money. 


ACT ONE 
Townsend. 


6i 


How much? 


Philip. 

Five hundred dollars. 

Townsend. 

Pretty liberal! But nowhere near enough. 
These girls are shrewd, you know, and they’re 
quick at mental arithmetic. It doesn’t take them 
long to grasp the fact, that five hundred dollars 
won’t keep them going many months. No, my 
boy, we’ll bribe this young lady to vamoose, to 
pick up her duds and vanish, bag and baggage for 
good and all. And to do that, you’ve got to talk 
in thousands! 

Philip. 

But, Dad, she does not seem to be like the 
others. 

Townsend. 

Tut, tut, tut! If Judge Rand got her in Court, 
on the stand, he’d worm anything out of her, no 
matter what. You leave her to me. Have you 
got her address ? 

Philip. 

No, but mother had. 


6 2 THE FULL PENALTY 

Townsend. 

Much good that does me; I couldn’t very well 
ask your mother for it. 

Philip. 

(Crossing to desk) She puts all her addresses 
in this little notebook. ( Opens and rims down 
the pages) L. M. N. . . . Here is it, Jennie 
Nolan, 8 Matthews Court. 

Townsend. 

(Writes 'in notebook) Jennie Nolan, 8 Mat¬ 
thews Court. You leave it to me. I’ll report 
to-morrow night. 


Philip. 

Dad, you’re a trump. 

Townsend. 

Glad to help you, my boy, but I say, Philip, 
on general principles, just as an older man, you 
know, Pd steer clear of these common little fac¬ 
tory and shop girls. They strike me as being 
(with an apologetic laugh) as being rather cheap 
and nasty! Somewhat, if you’ll pardon the old 
anecdote, like taking a ham sandwich to a banquet! 
It isn’t necessary, you know! There are plenty 
of others; the woods are full of them. 


ACT ONE 


63 


Philip. 

Oh, I know, I was a fool. I had been drinking. 
You know. 

Townsend. 

Pm thinking of running over to Paris in April, 
you might go along. 

Philip. 

(Hesitates) Well, you see there’s Natalie. 

Townsend. 

{Laughs) That’s true. I had forgotten your 
engagement! To be married in June! How 
stupid I am. Well, the following April per¬ 
haps! {Pause) Better go to your mother. 
She’ll be waiting up for you. 

Philip. 

Lord! Poor mother! I wouldn’t have her 
find out for the world. 

Townsend. 

She shan’t! 

Philip. 

{Seizing his hand) Good night, father. 
Thank you. 

Townsend. 

That’s all right, my boy. Go to your mother. 
Exit Townsend. As Philip walks slowly to - 


) 


6 4 THE FULL PENALTY 

wards door R. I, Mrs. Townsend appears in 
it. She has changed to a loose, soft white 
matinee. 

Philip. 

Why, Mother, what is it? 

Mrs. Townsend. 

I heard your voice, Phil. I was afraid you 
might go out again without coming up to see me. 

Philip. 

(A trifle uneasily) Why, mother, what is it? 
Was it anything special you w T anted to see me 
about? 

Mrs. Townsend. 

(She takes his hands and draws him to her, 
looking searchingly into his face ) Are you very 
happy? 

Philip. 

Why yes, of course I am! Why do you ask? 

Mrs. Townsend. 

Natalie. ( Hesitates) 

• Philip. 

She’s some queen, isn’t she, mother? 

Mrs. Townsend. 

She’s a beautiful girl — and I believe she will 
grow into a splendid woman. ( Earnestly ) I 
hope you are going to make her happy, dear. 


ACT ONE 65 

Philip. 

Well, P ’m going to make a pretty good try! 
Mrs. Townsend. 

Philip, there are so many things that a mother 
longs to say to her son on the eve of his marriage. 
And somehow her tongue is tied. 

Philip. 

Dear old mother! 

Mrs. Townsend. 

We’ve always been so much to each other, you 
and I. Lately of course it’s been different. 
What with school, and college and these last six 
months in Europe, you’ve drifted away from me. 
But it’s hard to realize you’re no longer my little 
boy. 

Philip. 

Mother! 

Mrs. Townsend. 

Do you realize, I wonder, what it means to take 
a young life like Natalie’s into your keeping! 

Philip. 

( Impatiently ) Now — mother dear, we’re not 
going to be so awfully solemn about it, you know. 
We’re just going to jolly along like dozens of 
other couples, 


66 


THE FULL PENALTY 

Mrs. Townsend. 

I think you know what I mean, dear. 

Philip. 

(Turning away from her) Natalie and I 
understand each other all right. Don’t you 
worry, mother. You look tired. Kiss me good 
night and go upstairs and right to sleep. 

Mrs. Townsend. 

Yes, dear. Good night. (Drawing him to 
her and kissing him on forehead ) And God 
bless you! 

He kisses her silently. She goes to door. 

{At door) Are you going out again? 

Philip. 

No, I’ll read awhile! 

Mrs. Townsend. 

Don’t stay up too late, dear. {Exit) 

Philip throws himself in arm chair, hands in 
his pockets and stares into the fire and shakes 
head. Sighs deeply. 

After a moment the curtain falls , 


ACT TWO. 


Scene: Jennie Nolan’s room in an East Side 
rooming house. The room is cheaply fur¬ 
nished and small, hut it is in order and has two 
windows. 

As curtain rises, a key is heard in door and Jen¬ 
nie enters; she is dressed as in Act I. She 
crosses to centre table, lays muff on it, takes 
off hat and puts it in wardrobe with her coat; 
crosses to bureau and pushes up her hair in front 
of glass; as she does so she catches , sight of a 
photo standing there, picks it up and kisses it 
and carries it over to table, puts it on table and 
sits before it, staring at it. 

Oh, Tom! Tom! For God’s sake, why don’t 

Jennie. 

you write to me? (Buries her face in her arms 
and cries; there is a tap at the door, she looks over 
towards it, drying her eyes) 

The knock is repeated. 

Come! 

Jdie door opens a little way and Mamie Burke 
speaks. 


68 


THE FUEL PENALTY 
Mamie. 

You there, Jen. 

Jennie. 

Yes. 

Mamie. 

(Pushing the door farther open) Can I come 
in and set with you’se a while? 

Jennie doesn’t answer. 

I’m awful lonesome. 

Jennie. 

Come in, Marne. 

Mamie enters. She is younger than Jennie, 
doesn’t look over fifteen hut is very pretty 
in a fair, childish way and is evidently dressed 
in her best clothes. Jennie rises and pulls 
a low rocking chair over, nearer her own 
seat. 

Mamie. 

Oh, thanks, I’m tired of settin’. Been in my 
room most all day by myself. It’s been the long¬ 
est Sunday I ever knowed. 

Jennie. 

What are you all dressed up for? 

Mamie. 

Just tryin’ ’em on. Never gets a chanst to wear 
nothin’ nowadays! 


6 9 


ACT TWO 

% 

Jennie. 

{Half under her breath) Poor little Mame! 

Mamie. 

{Moves around room. Looks at herself in the 
glass; examines the few unframed colored pictures 
pinned on the wall) Gee! but I’d like a little fun 
— sometimes — wouldn’t you, Jennie? 

Jennie. 

{Sadly) I don’t know. 

Mamie. 

Aw, course yer would! Who wouldn’t? 
{With a sudden change of tone, sullenly) I tell 
you what ’tis! This bein’ straight ain’t all it’s 
cracked up to be! 

Jennie. 

What do you mean? 

Mamie. 

{Laughing rather bitterly) Oh, don’t cher go 
lookin’ so scared! I ain’t done nothin’! I’m 
gettin’ tired of never havin’ no fun, like the other 
girls do! I tell yer, Jennie, life on six dollars a 
week ain’t life at all! It’s Hell! 

Jennie. 


Mame! 


7 o THE FULL PENALTY 

Mamie. 

{With half hysterical excitement ) Wot do we 
get out of it, anyway, we straight ones? Oh, we 
go to the Goils’ Friendly onct a week and works 
worsted Samplers and plays fool games, and tries 
to look all to the merry, when we’re plum bored 
to death! But yer can take it from me, I’ve gone 
there for the last time! 

Jennie. 

Listen, Marne! 

Mamie. 

There’s a feller I know. 

Jennie. 

I thought so! Some man’s been talking to you. 

Mamie. 

{Laughing) Sure, he has! He says I’m a 
fool to be starvin’ to death and wearin’ clothes 
like these. He says with my face and figur’ I can 
have all I want for the askin’. 

Jennie. 

{With a hitter sneer) For the asking ! Don’t 
forget the price, girl — you’ve got to pay that! 

Mamie. 

You’se always sayin’ that an honest life an’ no 
fun’s better than a speckled repitation and wot 


ACT TWO 


7i 

goes ’long with it! Well, I say I’ve tried the 
honest life on six per — and I knows! A 
speckled repitation and a little of what I call livin’ 
for mine! 

\ 

Jennie. 

Mame! Where’d you get all these ideas? I 
never heard you talk like this before. 

Mamie. 

Oh, there’s a goil down to the store — 

Jennie. 

For God’s sake, don’t listen to those girls. 

Mamie. 

She don’t wear no $2.50 shoes and a Siegel- 
Cooper suit for $7.98. She goes to the theayter 
whenever she wants to, sets in the parquet, too. 

Jennie. 

Mamie! Mamie! You don’t know what 
you’re talking about, girl. You’re lonesome and 
desperate, and I don’t wonder! Life on six dol¬ 
lars a week isn’t any merry-go-round, that’s right 
— but it’s better than the other thing, Mame, a 
heap better! My, I wish you knew Mrs. Town¬ 
send, and could hear her talk. I’ll bring her to 
see you. See if I don’t! 

Mamie. 

I don’t want no sermons from Mrs. Townsend 


72 


THE FULL PENALTY 


or any of yer rich swells! What do they keer 
about us? Gee ! If I could lie in bed all day and 
read novels and ride around the Park all the after¬ 
noon in my automobubble and go to the opery 
every night, do you s’pose I’d have any kick cornin’ 
either? So long. I’m goin’. 

Jennie. 

Where you going, Marne? 

Mamie. 

I just said I’d take a walk with him. 

Jennie. 

( Rising ) You’re not going to walk with a man 
you don’t know? 

Mamie. 

Sure I am! 

Jennie. 

No. You’re not! Didn’t I tell you about me? 
Haven’t I told you a girl can’t do those kind of 
things. Not girls like you and me! 

Mamie. 

{Sullenly) I don’t care, I gotta do somethin’. 

Jennie. 

Wait, Mamie, Mrs. Townsend said mebbe she’d 
come down to-day! 


73 


ACT TWO 

Mamie. 

( Bitterly) Mrs. Townsend! No, Jennie! 
You lemme go! There ain’t no harm in a walk 
anyway, and he said sump’m about supper. 

Jennie. 

(Stepping between her and the door ) I 
thought so ! You shan’t go. I’m not going to let 
you ! Listen to me, Marne ! (Seizing her hand) 

There is a knock at the door. 

Mamie. 

Who’s there? 

Jennie. 

Mebbe it’s Mrs. Townsend! Just wait a min¬ 
ute, Marne. 

Mamie walks over to window and stands by it. 
Jennie opens door. Susan Baker stands on 
threshold; she is older than either of the girls 
and looks years older. Is very thin and her 
face drawn and pale. Jennie draws back in 
horrified amazezment. 

You! 

Susan cannot answer. She is shaken by a parox¬ 
ysm of coughing. 

What do you want? ( Sternly ) How d’ you 

dare come here? 

Susan makes a helpless gesture; tries to speak, 
but chokes instead. 


74 


THE FULL PENALTY 


{As though in spite of her anger and resent¬ 
ment, she pities her) You look awfully bad! 
You been sick? 

Susan. 

{With difficulty) I want to speak to yer. Can 
I come in? 

Jennie steps aside and Susan sinks into rocking 
chair; falls forward across table, her face 
horrified amazement. 

Mamie. 

{Coming forward timidly) Gee! She’s 

fainted, Jennie! Who is she? 

Jennie. 

She’s the girl I told you about! The girl that 
was with me that night! God! I hope the 
curses I’ve spoke against her, and the hate I felt 
for her, haven’t brought her to this. 

Susan. 

{Stirs faintly, and sits up pressing her handker¬ 
chief to her eyes with a deep sigh) I been sick. 
I w r as terrible bad last month an’ I gotta go to 
the hospital again to-morrer! But I couldn’t go 
till I’d seen you and asked yer to forgive me! 

Jennie. 

Forgive you. 


75 


ACT TWO 

Susan. 

Yes, I never knowed what had happened to yer 
till last week! I’ve been tryin’ to git here ever 
since! That was a dirty trick I done yer! 

Jennie. 

God! It sure was! 

Susan. 

I never played a trick like that on a goil that 
was straight before — and I knowed yer was dif¬ 
ferent from me, of course I did! 

Jennie. 

Then why — 

Susan. 

Honest to Gawd, I never dreamed what was 
goin’ to happen when I asked yer to go! But that 
rich guy gave me twenty-five dollars and — and — 
I didn’t dare refuse it. 

Jennie. 

Why? 

Susan. 

(With a helpless shrug of her shoulder) 
’Cause o’ Dick. Oh, of course yer don’t under¬ 
stand! Yer couldn’t. 


76 


THE FULL PENALTY 


Jennie. 

Who’s Dick? 

Susan. 

He’s the man I works for! The man who gets 
all my money and has been gettin’ it from the 
first. 

Jennie. 

But why d’ you give it to him, Susan? You 
don’t have to! 

Susan. 

Don’t I? Ain’t I tried over and over to nig 
on him? ( In a lower voice and with an involun¬ 
tary shudder ) I don’t try that no more ! 

Jennie. 

Then why don’t you leave him ! If he followed 
you, you could hand him over to the cop ! 

Susan. 

(With a contemptuous shrug) The cop! 
Now I’m sick and no good he’s kicked me out. 
(With a frightened glance at the door) But if 
he caught me here he’d beat the life out o’ me 
just the same. 

Jennie. 

How’d you get so sick? 


77 


ACT TWO 

Susan. 

Lawd. We all of us do, sooner or later. 
How yer goin’ to help it? 

Jennie. 

Come here, Marne! ( Puts out her hand and 
draws Mamie over to her; puts her arm around 
her. To Susan:) When you come, I was trying 
to keep Marne from going out with a man she 
don’t know nothing about. 

Susan. 

(Looks Mamie up and down with a half laugh) 
What were yer goin’ fur? D’ yer love him? 

Mamie. 

(JVith a toss of her head) I ain’t never seen 
him but onct; I jest want a little fun. 

Susan. 

That’s it! We all do! ( Fiercely ) Well, I 
tell you this, goil, there ain’t no fun fur us in 
this bloomin’ old world. Yer have to pay too 
high fur it! Look at me, twenty-six my last birth¬ 
day. ( Laughs bitterly) Wouldn’t it jar yer? 
But you’ll say, “ You had bad luck! It might be 
different with me, I might live to be double your 
age!” Don’t yer believe it. Even if yer did, 
it’s worse to die old in this business, than it is to 
die young. ( Slowly and with emphasis but half 


THE FULL PENALTY 


78 

under her breath ) To live on and on — old and 
sick and lonely, staring Hell straight in the face! 
(Throws her head back as though exhausted) 
Mamie turns to Jennie with a shudder holding 
out her arms . Jennie draws her to her and 
strokes her forehead. 

Susan. 

(Making a movement to rise) I gotta be 
go in’. 

Jennie. 

Where d’ you live? 

Susan. 

{Evasively) Not far from here. 

Jennie. 

You don’t look fit to go very far. 

Susan. 

Yer ain’t said yer’d forgive me! 

Jennie. 

Well, I do forgive you, seeing as you’re sorry. 

Susan. 

I’d give a good deal to wipe that night’s work 
off the slate. You’ll shake hands, Jennie? The 
doctor says I’m going to die. 

Jennie. 

Sure, I will. 



79 


ACT TWO 

Susan. 

{Turning to door, leans against the sill, as 
though she were faint . To Mamie) I say, kid, 
the next time a feller hands you out a line of talk 
like that, jest yer give him the merry ha! ha! and 
come home here to Jennie. See? 

Mamie. 

I will! {Eagerly) But yer don’t look fit to 
go home. Come along to my room and I’ll make 
yer a cup o’ tea. 

Susan. 

You’re awful good but— {Looks at Jennie 
doubtfully) 

Mamie. 

w- 

{To Jennie) You come too, Jen? 

Jennie. 

Sure, I’ll come. 

Mamie. 

{Delighted) P’raps I’ve got some ginger 
cookies. Come along, goils. {Takes Susans 
hand) 

Jennie. 

Guess I won’t lock the door, there are no jewels 
to steal. 

The three girls exit, shutting the door after 
them, but not locking it; in a second there 


8 o 


THE FULL PENALTY 


comes a knock at the door, which is repeated 
impatiently, then knob is rattled. It turns 
unexpectedly and Tom Massey enters. He 
is a powerfully built man of about twenty- 
five, flashily dressed in a blue overcoat and 
check trousers, with a red neck-tie and a low 
collar, bright tan shoes. He looks around 
room as though surprised to find it empty; 
crosses to table and takes up photo on it; re¬ 
gards it with a smile of gratified vanity. 

Tom. 

Your Uncle Dudley’s ugly mug all right! 

Puts it on table, crosses to bureau and regards 
himself in the mirror; is evidently delighted 
with his appearance; backs away from glass, 
putting kis hat on, then approaches it rais¬ 
ing his hat and making a bow and smiling 
at his own reflection in the glass, stretches 
out his hand, which is encased in a very tight 
tan-colored kid gloves and goes through the 
gesture of shaking hands with an imaginary 
young lady and then draws his gloves off; 
as he is in the midst of this, Jennie appears 
in the doorway, sees him and utters a cry. 

Jennie. 

Tom! 

He turns; his expression changes at once; he 


ACT TWO . 81 

crosses swiftly and takes her in liis arms; 
kisses her. 

Tom. 

Did I give ye a turn, little girl? You look as 
if you’d seen a ghost! ( Kisses her again) 

Jennie. 

Oh, Tom, is it really you? 

Tom. 

It’s me all right. Didn’t you know me in my 
glad rags? 

Jennie. 

Why haven’t you written to me for so long, 
Tom? 

Tom. 

I was laid up, little girl. Got a tap on the 
bean the last time we played in Cleveland. It 
seemed like I’d cashed in my checks for good that 
game; then as soon as I got well enough to write, 
I thought I’d come myself instead; but let me 
look at you. ( Draws away from her; looking 
into her eyes) You don’t look as sassy as you 
did, when I went away. I oughtn’t to have left 
you for so long. A whole year! 

Jennie. 

(Under her breath) A whole year! 



82 THE FULL PENALTY 

Tom. 

What you been doing to yourself? 

Jennie. 

( Hesitates, starts to speak; her eyes fall) 
N-nothing. 

Tom. 

i 

Oh well, you’ll be all right, now I’m home. 
Aren’t you going to ask me to sit down? 

Jennie. 

Take this rocking chair. 

Tom. 

{Holding onto her hand, sits down on table in 
centre of room. Draws her to him) This’ll 
do. Jennie, when are you going to marry me? 
She turns her face away. He puts his hand un¬ 
der her chin and forces her to look at him. 
You can’t say you’re too young no longer. 
You’re seventeen now! And you can’t say I am 
too poor. Do you know why you can’t say that? 
’Cause I’ve four hundred dollars in my jeans, 
Jennie, four hundred dollars in my jeans. {Tap¬ 
ping his pocket) 

Jennie. 

That’s fine! 

Tom. 

Every time I didn f t take a drink and put the 


ACT TWO 



price in my stocking I’d say to myself, that much 
nearer to Jennie, by Gosh! And every week, 
when I’d hand back half my wad to the Manager 
to keep for me, I’d think, that means three months’ 
rent of our little flat. Jennie’s and mine! 

Jennie. 

Oh, Tom! 


Tom. 


I’ve been doing first rate too. Luck’s been 
with me right along. I guess ’cause you were 
a-praying for me all the time. 


Jennie. 

(Under her breath ) God knows I was! 

Tom. 

/ 

You know Tim O’Hanley, the Left Fielder? 
Well, he got knocked out first thing. Then I got 
my chance. You ought to’ve seen that game, 
Jen! If I’d had you there to root for me, if I 
could ’ave seen your pretty face smiling at me 
from the Grand-stand, ’twould sure have been the 
happiest day of my life! 

Jennie. 

(JVith a half sob) And the happiest day of 
mine, too, Tom! Was it such a grand game? 

Tom’s manner changes at once; he becomes the 
professional Base Ball Player. Begins de - 



8 4 


THE FULL PENALTY 


scribing the game in a comparatively quiet 
voice, but grows more and more vehement 
as he proceeds. 

Tom. 

Well, you see, Jen, it was like this: in the first 
inning Cyclone Hanley came up to raps,— and 
the poor boob leaned over the plate too far, and 
while he was swinging his willow, Pretzel Suggs 
lets go with one for his bean, to sort of get his 
angora, y’understand? Well, it gets him right 
in the lamp, with a dull thud, and Mac, the Man¬ 
ager, he ups to me, and says, “ Tom,” he says, 
“ are you ready? ” he says. An’ I says to him, 
“ Pm right there with the green goods and the 
baby ribbon, Mac,” I said. Then he sent me in 
to run for Kelley, but the side dies without a 
murmur when Yeager whiffed and Lardlaw 
popped to the in-field, and Delehanty grounded 
out. I trotted to right field and I didn’t get a 
from one to the other trying to play the 
hostess. 

Perhaps you might like a cup of tea. 

Mrs. Townsend. 

I’ve just finished luncheon. Wouldn’t you like 
some, Natalie? 

Natalie. 

(Indifferently) No, thank you! 


ACT TWO 


35 


Jennie. 

If you’ll excuse me a minute. I’ve got to tell 
Marne something, I’ll be right back. 

Mrs. Townsend. 

Certainly, dear. 

Exit Jennie. 

Natalie. 

(Rising impulsively, crosses to Mrs. Town¬ 
send) How can you stand it! 

Mrs. Townsend. 

What do you mean, dear? 

Natalie. 

This close atmosphere, all the dirt of the 
street— The very air we breathe seems to be 
full of decay. It nauseates me! I think I’ll go 
home and send the car back for you. 

Mrs. Townsend. 

(Coldly) Very well, as you choose. Send 
Martha to me. 

Natalie. 

(Using salts) You’re used to it! 

Mrs. Townsend. 

Yes, the suffering has made me forget. 

Natalie. 

Let me go before that girl returns, you can 
make some excuse. ( Exits quickly) 





86 


THE FULL PENALTY 


Mrs. Townsend stands looking at Tom’s pic¬ 
ture when Jennie appears in doorway. 

Mrs. Townsend. 

Miss Chambers had to go, Jennie. Is this 
Tom ? 

Jennie looks over her shoulder. 

Jennie. 

(With excitement) Yes. Tom’s just come, 
Mrs. Townsend! He was badly hurt! That’s 
why he hasn’t written to me for so long. 

Mrs. Townsend. 

I see, then — 

Jennie. 

(.Interrupts ) No, he hasn’t heard a word! 
Lie’s begging me to marry him right off. He’s 
saved lots of money. 

Mrs. Townsend. 

You told him? 

Jennie. 

I couldn’t! 

Mrs. Townsend. 

Jennie! 

Jennie. 

I haven’t had time. I tried to, but he didn’t 
give me time. If it hadn’t been Sunday, I guess 
he’d married me right away. 


87 


ACT TWO 

Mrs. Townsend. 

But you are going to tell him? 

Jennie. 

Yes, I promised you I would and I will I 
(With a change of tone) But it’ll be all up with 
me when I do! 

Mrs. Townsend. 

Oh no, dear. I believe Tom will be big enough 
to take you and your baby, both right into his 
heart and take care of you. 

It doesn’t seem right to expect that of him. 

Mamie appears at door, hacks, • seeing Mrs. 
Townsend. 

What is it, Marne? Come in. 

Mamie. 

It’s Susan. She’s took bad and I don’t know 
what to do fur her. 

Jennie. 

Will you come, Mrs. Townsend? She’s aw¬ 
fully sick. 

Mrs. Townsend. 

(Rising ) Of course I will. Who is it? 

Jennie. 

I’ll tell you about her. 

All three exit; in a moment Jennie returns 
alone; looks on wash stand for medicine hot - 


88 THE FULL PENALTY 

tie, takes it up, examines label and then 
crosses to door; as she reaches it Tom 
Massey suddenly appears in it; his whole ex¬ 
pression has changed. He is evidently la¬ 
boring under great excitement. He enters, 
closes the door behind him, leaning on it. 

Tom. 

Where are you going? 

Jennie. 

{Frightened) Tom, what’s the matter? 

Tom. 

{Seizing her hand roughly) Why didn’t you 
tell me yourself? Why’d you let me hear it from 
those folks down stairs? 

Jennie. 

You’ve heard. I wanted to tell you. You 
didn’t give me time ! 

Tom. 

{Dropping her hand) Then it’s true! I 
wouldn’t believe them. I gave them the lie. I 
said, “ She’ll deny it and I’ll believe her against 
the whole damn lot of you! ” 

Jennie. 

I wouldn’t lie to you, Tom! But if they told 
you the truth then you know I’m not to blame. 
You know the trick that was played on me! 


ACT TWO 89 

Tom. 

Yes, and I’m here to find out who played that 
trick. Out with it! What’s his damn name? 

Jennie. 

(With a second’s hesitation) He said it was 
Holden ! Jim Holden! 

Tom. 

And you believed him? 

Jennie. 

(Hesitates) I did. 

Tom. 

No, you didn’t. He was lying. What was his 
real name? 

Jennie. 

(Hesitates again, slightly) I don’t know. 

Tom. 

Your voice doesn’t ring true. You’re not look¬ 
ing me in the eyes. You’re lying to me! 

Jennie. 

Oh! Tom! 

Tom. 

You knew who that man was ! 

Jennie. 


No! 


9 o THE FULL PENALTY 

Tom. 

You’re trying t’ protect him! All this story 
about drugs and being tricked, is a lie. You love 
him. 

Jennie. 

No! No!! No!!! 

Tom. 

You went with him of your own accord! 

Jennie. 

You don’t know what you’re saying, Tom! 

Tom. 

But it won’t do any good! I’ll find him, no 
matter who he is, and I’ll run him down if I have 
to go to Hell for it. (Turns to door) 

Jennie. 

Tom! Wait! 

Tom. 

I’ll wait if you’re ready to talk. {Pause) If 
you don’t know his name, tell me what he looks 
like. {Pause) Well? 

Jennie. 

{Hesitates) You see, I didn’t rightly notice 
him! 


9* 


ACT TWO 


Tom. 

(With a sneer ) You ate supper with him and 
you didn’t rightly notice him! That isn’t possi¬ 
ble ! You’re lying as sure as there’s a God above 
us. Here I’ve been counting the days till I could 
come back to you. I haven’t looked at any 
woman. I haven’t given any other woman so 
much as a thought! And you! you! 

Jennie. 

( Beseechingly ) Tom! 

Tom. 

But you’re not going to save him! 

Jennie. 

I don’t care anything about him, so help me 
God! I’d never been out with him before, nor 
since. 

Tom. 

.■ ifr* 1 

Then tell me his name. 

Jennie. 

I can’t! 


Tom. 

(Advancing on her ) You will! 

Jennie. 

I swear he isn’t anything to me. 


92 THE FULL PENALTY 

Tom. 

(Seizing her roughly ) What’s his damn 
name ? 

Jennie. 

(Helplessly) I don’t know! 

Tom. 

(Forcing her against wall) Tell me, or I’ll — 
(Raises his hand as though to strike) 

Jennie. 

(Seizing his arm and clinging to it) Tom! 
Tom! You’re out of your mind. You couldn’t 
strike me! Haven’t I loved you ever since you 
first spoke to me ? 

During the above speech, Mrs. Townsend ap¬ 
pears in the doorway. 

Tom. 

(Between his teeth) I want that name. 
D’you hear? 

Jennie. 

(Crfmg convulsively) I wish to God I could 
tell it to you. 

Tom. 

(Furiously) You shall tell it, if I can choke 
it out of you. (Loosens her hand from his arm 
and seizes her) 

At this Mrs. Townsend comes forward. Tom’s 


ACT TWO 


93 


eyes fall upon her. Involuntarily he loosens 
his hold of Jennie, who rushes to Mrs. 
Townsend, seizes her hand and drags her 
over to him. 

Jennie. 

Oh, tell him! You tell him I’m not lying. 
This is Mrs. Townsend, Tom, the best friend any 
girl ever had! You’ll believe her, won’t you? 

Mrs. Townsend. 

(Drawing Jennie to her and putting her arm 
around her protectingly) Is this Tom, Jennie, 
the man you’ve told me so much about? The 
man you’ve promised to marry? 

Jennie. 

Yes. He’s heard about me, Mrs. Townsend. 
And he won’t believe I don’t know who that man 
was. You tell him ! 

Mrs. Townsend. 

(To Tom, taking a step nearer and holding out 
her other hand to him) Why, I feel as if I knew 
you already. Jennie’s talked of no one but you. 
How she’s wondered why you didn’t write and 
watched for the Postman and hoped against hope 
to hear from you! 

Tom. 

(Half sullenly) I been sick. 


94 


THE FULL PENALTY 


Mrs. Townsend. 

( Earnestly, looking into his face) And now 
you’ve come back only to hear of this poor child’s 
dreadful trouble! 

Tom. 

I just heard, down stairs! 

Mrs. Townsend. 

If you could only have been here, it would never 
have happened! 

Tom. 

I guess it wouldn't! 

Mrs. Townsend. 

But, thank Heaven, you’ve come now. You 
can help us, Jennie and me, to find that beast! 

Tom. 

( Starts ) Are you after him? 

Mrs. Townsend. 

I have the best detectives in the city on the 
case! 

Tom. 

Then I’m with you! (Takes her hand) 

Mrs. Townsend. 

I thought you would be; I counted on you from 
the first. 


ACT TWO 


95 


Tom. 

I’ll run him down if takes the rest of my life 
to do it. 

Mamie appears in the doorway; looks from one 
to the other. 

Mamie. 

(To Mrs. Townsend) She’s asleep, Mrs. 
Townsend. 

Mrs. Townsend. 

Then we won’t need the medicine, Mamie. 

Jennie. 

This is Tom, Marne. 

Mamie. 

(Comes in holding out her hand to him) 
Pleased to meet yer. (With a changed tone) 
My, but Jen must be glad you’ve come. 

Mrs. Townsend. 

Jennie, my car is coming back for me. (Looks 
at watch) It should be here now and I want you 
to tell Martha that the chauffeur is to take you 
and Mamie for a little ride through Central Park. 
(Looks out the window) It’s here now. 

Jennie. 

Oh, Mrs. Townsend! 


96 


THE FULL PENALTY 


Mrs. Townsend. 

It will do you both good and I want to have 
a little chat with Tom alone, if he can spare the 
time. {Turning to Tom) 

Tom. 

I ain’t busy. 

Mrs. Townsend. 

Come, girls, get ready. 

Mamie. 

I’ll get my hat and coat. 

Jennie. 

All right. 

Mamie. 

I’ll be back in a jiffy. {Exit) 

Jennie takes her hat and coat out of wardrobe; 
crosses to bureau and puts hat on. 

Jennie. 

You’re awfully kind, Mrs. Townsend. 

Mrs. Townsend. 

{Smiling) I know you’ll enjoy it. The air is 
quite mild. 

Jennie. 

Enjoy it! I guess we will. Mamie’s nearly 
crazy, poor little kid. She’s never been in an 
auto in her life. {She is ready now and turns to 


ACT TWO 97 

Tom with a little pathetic gesture) Good-bye, 
Tom. 

Tom. 

{Without seeling her outstretched hand) 
Good-bye! 

Jennie. 

Will I see you when I come back? 

Tom. 

I don’t know. 

Mrs. Townsend. 

I think you will, Jennie. 

Mamie appears in doorway. 

Mamie. 

She’s still asleep, Mrs. Townsend. Will you 
look out for her while we’re gone? 

Yes. 

Jennie. 

{To Mrs. Townsend) Good-bye. 

Mamie. 

{Hardly able to conceal her excitement and 
pleasure) Good-bye. If anyone calls while I’m 
riding in my auto, just say Mrs. Vanderbilt will 
return at four for tea. 

Exit Manvie and Jennie. Mrs. Townsend turns 
hack into room; glances once or twice at 
Tom } who stands looking out of window , his 


98 


THE FULL PENALTY 


back partly turned to her. She sits in rock¬ 
ing chair. 

Mrs. Townsend. 

I want to talk to you about Jennie. 

He makes an unresponsive gesture but does not 
move. 

The child has become very dear to me in the 
last six months. 

Waits, he does not answer. 

She has the sweetest nature I have ever known! 
Such truth! Such a big, warm, trusting heart! 

He turns from Window suddenly y crosses to 
chair by table; sits, leans on table, his face in 
his hands. 

Tom. 

God! To come home to this! 

Mrs. Townsend. 

(Leaning forward and laying her hand on his 
arm, very gently) Poor boy! 

Tom. 

• 

( Brokenly) Jennie, of all the girls in the 
world! (With sudden fierceness striking the 
table zvith his clenched fist) But she lied to me 
just now. 

Mrs. Townsend. 

No! 


99 


ACT TWO 

Tom. 

She did! Don’t you s’pose I know her through 
and through ? Haven’t I loved her for two years ? 
She’s never been afraid to meet my eyes before. 
She speaks right up and tells the truth! She 
isn’t like other girls, sneaky and underhand. She 
was my pal, Jennie was! She was the best sweet¬ 
heart a man ever had! (Almost breaking down) 

Mrs. Townsend. 

Why do you say was? Whatever she was, she 
is still! Just as straight, just as true, just as lov¬ 
ing! 

Tom. 

She isn’t the same, she can’t never be the same 
to me! 

Mrs. Townsend. 

Oh, don’t say that. You’ll stick to her? You 
won’t give her up? 

Tom. 

( Shrinking ) What d’you mean? 

Mrs. Townsend. 

You’re going to marry Jennie? 

Tom. 

Aw, I don’t know! I’m all broke up ! I don’t 
know what I’m going to do, only one thing. I’m 
going to kill that man if I have to swing for it. 



IOO 


THE FULL PENALTY 
Mrs. Townsend. 


No, no. 

Tom. 

I can’t see nothing but that. Jest let me get 
my fingers round his thr-oat—I’ll wring it as if 
he was a rat! 

Mrs. Townsend. 

Listen to me. You and I must work together. 
We both love Jennie. We’re the only friends 
she’s got and we must stand by her. 

Tom. 

What d’you mean? 

Mrs. Townsend. 

I mean that she has had misery enough. You 
and I have got to see to it that she has no more! 

Tom. 

How ? 

Mrs. Townsend. 

If you had been with her as I have been; if 
you’d seen her courage, her patience, her un¬ 
selfishness; if you had heard her whisper your 
name over and over again in that hour of agony, 
with her lips grey with pain, the only oath you’d 
swear would be to stand by her through all the 
rest of your life and to protect her with every 
drop of your blood. 



ACT TWO ioi 

Tom. 

(IVinking his eyes furtively) Poor little girl! 

Mrs. Townsend. 

O, you men! One of you, for a moment’s 
drunken pleasure, tricks an innocent, trusting soul 
to hell, and another, a man who had sworn to love 
her forever — 

Tom. 

(Holding out his hand) Pm goin’ to stand by 
her, I tell you, Pm going to stand by her to the 
finish. 

Mrs. Townsend. 

You’re all she’s got in the world. But thank 
God your shoulders are broad and your arms 
are strong. Won’t you let her creep into them 
and be safe. 

Tom. 

(Deeply touched) I will, so help me God! 
I will! 

Mrs. Townsend. 

It’s the only manly thing to do. 

Tom. 

But first, I’ve got to find that man! 

Mrs. Townsend. 

That’s just what we want you to do, but not 
to kill him. It wouldn’t help Jennie much if you 



102 


THE FULL PENALTY 


were hanged. Leave him to the law and you de¬ 
vote yourself to helping Jennie to forget. 

Tom. 

Who’s looking for him? 

Mrs. Townsend. 

Leroux is working on the case now. 

Tom. 

Auguste Leroux? 

Mrs. Townsend. 

Yes, do you know him? 

Tom. 

Sure I do. He’s all right. 

Mrs. Townsend. 

He said if he could just get some clues about 
that restaurant it would be comparatively simple. 

Tom. 

Does Jennie know? 

Mrs. Townsend. 

She has told me all she knows, but it is very lit¬ 
tle. Naturally she paid little attention and there 
are hundreds of places in the city answering her 
description. 

Tom. 

That’s bad. {Pause) What’ll he get? 


103 


ACT TWO 

Mrs. Townsend. 

Five years’ hard labor! 

Tom. 

(Sneers ) Five years! Wouldn’t that jar yer! 
Five years! 

The door opens slowly. Tom rises. It is 
Susan Baker. 

Susan. 

(L ooks around) Jennie. 

Mrs. Townsend. 

Come in, Susan, I sent the girls for a little ride 
in my motor. 

Susan enters, stands by the doorway. 

Susan. 

I’m better now and I’m goin’. 

Mrs. Townsend. 

Do you feel strong enough to walk? 

Susan. 

Oh, yes. ( Looks at Tom) 

Mrs. Townsend. 

This is Tom Massey, you’ve heard Jennie speak 
of Tom? 

Susan. 

Sure. ( Looks at him eagerly) You’re going 


104 


THE FULL PENALTY 


to marry her? Say, yer going to do the white 
thing by her, ain’t yer? 

Tom. 

If there’s a God in heaven. 

Susan. 

(Leans against door sill and begins to cry) I 
can die a whole heap happier knowin’ that! 

Tom. 

Why’d you care? Are you so fond o’ Jennie? 
I never heard her talk of you! 

Susan. 

(Stopping) ’Tain’t that! I’ll tell you why 
’tis. And if yer kill me, ’twon’t make much dif¬ 
ference, I guess! I’m goin’ anyway, the doctor 
says! 

Tom. 

(Stepping towards her impatiently) Well? 

Susan. 

’Twas me that was with her that night! I’m 
Susan Baker. 

Tom. 

(Shouting angrily) You! My God! 

Susan. 

(Panting as though very weak) Don’t ask 
questions, I ain’t got the strength to tell you all. 


ACT TWO 


105 

But r ve told her, and she’s forgave me. She 
forgave me everything. 

Tom. 

(Seizing her hand excitedly ) See here, never 

mind. Just tell me. Where did you go that 
night? What’s the name of the place? 

Susan. 

We went to Clancey’s. 

Tom. 

Tim Clancey? 

Susan. 

(Nodding ) Sure! 

Tom. 

Who were the men? 

Susan. 

I don’t know. 

Tom. 

{To Mrs . Townsend, excitedly ) What luck. 
It’s easy sailing now. Tim was once a friend o’ 

mine. ( Picks up his hat and starts for the door ) 

Mrs. Townsend. 

Where are you going? 

Tom. 

I’m going to beat it straight to Tim’s. There 
ain’t nothing I can’t get out o’ him. 


106 


THE FULL PENALTY 


Mrs. Townsend. 

(Taking card out of her hag) Wait a minute. 
You’ll report to me? There’s my card. 

Tom. 

(Takes it) Sure. 

Mrs. Townsend. 

Either to me or to Judge Rand of the Juvenile 
Court. 

Tom. 

(Starting) I know Judge Rand; leastways, I 
did know him a long time ago. He did me a 
good turn once, but most likely he’s forgotten all 
about it. 

Mrs. Townsend. 

(Smiling) It’s a way he has. 

Tom. 

He's all right! Now for that Hell-hound. 
(Exits quickly) 

Susan. 

(To Mrs. Townsend) I must be goin’. (Be¬ 
gins buttoning up her coat) 

Mrs. Townsend. 

You look very ill! 

Susan. 

(With a laugh that ends with a sneer ) Oh, 
I’m a goner all right. 


ACT TWO 107 

Mrs. Townsend. 

Can’t you wait a few minutes. I’ll take you 
home in my car. 

Susan. 

You’re awful kind, but I gotta go. ( Holds out 

her hand ) I guess it’s good-bye for good. 

Mrs. Townsend. 

No, you must let me come to see you at the 
hospital. 

Susan. 

(Eagerly) Would you do that? 

Mrs. Townsend. 

Of course I will. 

Susan. 

Say, you’re all right! I’m glad Jennie’s got 
a friend like you. ( Turns to the door and stops) 
And that little Marne. Couldn’t you look after 
her a bit? She’s an all right kid, but she’s just 
the kind— ( Hesitates) 

Mrs. Townsend. 

I’ll take care of her. 

Susan. 

{At door ) Oh! If there was only more like 
ye, there wouldn’t be so many like me. {Exits 
slowly) 


108 THE FULL PENALTY 

Mrs. Townsend picks up a book from the 
table and pulls a rocking chair over to the 
window; but doesn t read; the book falls from 
her unnoticed; she closes her eyes and puts 
her head back. A man f s footsteps are heard 
ascending the stairs. Julian Townsend ap¬ 
pears in doorway. When he sees his wife , 
he is about to retreat noiselessly, but she 
opens her eyes at that moment and starts as 
she sees him. 

Mrs. Townsend. 

You! What do you want? 

He does not answer, seems confused. 

What are you doing here? 

Townsend. 

( After slight hesitation ) Really, my dear, I 
might ask the same question of you. 

Mrs. Townsend. 

Then I can answer it quite readily. This is Jen¬ 
nie Nolan’s room, and as you know, I come to see 
her frequently. 

Townsend. 

(Fulling himself together and resuming his ac¬ 
customed nonchalant manner) Jennie Nolan’s 
room. I don’t know who Jennie Nolan is, but it 
is quite evident that I have made a mistake. 
(Makes movement as though to go) 


ACT TWO 109 

Mrs. Townsend. 

Just a minute. 

He turns back. 

Townsend. 

Well ? 

Mrs. Townsend. 

Whom were you looking for? 

He shrugs h'is shoulders as if to imply that it 
doesn’t concern her. Mrs. Townsend rises t 
speaking impetuously. 

Are you sure that you have made a mistake? 
Are you quite sure that you were not looking for 
Jennie, after all? 

Townsend. 

What do you mean? 

Townsend. 

Oh, it can’t be true! You can’t have fallen as 
low as that! 

Townsend. 

May I ask? 

Mrs. Townsend. 

It is very strange that you should have stum¬ 
bled by mistake on this girl’s room! 

Townsend. 

(Glibly) It is indeed. But you see Billie, Bil- 


I 10 


THE FULL PENALTY 


lie Coates, my little office boy, the one who’s been 
with me ever since he was that high, is sick, very 
sick, and he sent word that he would like to see 
me. 

Mrs. Townsend. 

Oh! 

Townsend. 

He lives somewhere in this charming apart¬ 
ment house! 

Oh, indeed! 

Mrs. Townsend. 

A slight pause. 

Townsend. 

Is this the girl you’ve been interested in? 

Mrs. Townsend. 

Yes. 

Townsend. 

And you suspected me of — You certainly 
don’t flatter me. ( Turns to door ) I must look 
up Billie. He’s a bright youngster. Wouldn’t 
like to lose him! ( Exits indifferently, shutting 
door softly after him) 

Mrs. Townsend stands in thought, shakes her 
head as though perplexed, then resumes her 
former seat; picks up book and reads a few 
words. Door is burst open. Jennie and 


ACT TWO 


111 


Mamie enter, the latter in a gale, her eyes 
and cheeks glowing. 

Mamie. 

Mrs. Vanderbilt has returned! Say, Mrs. 
Townsend, that was grand! Jennie, wasn’t it out 
o’ sight? 

Jennie. 

Oh, such a ride! ( Looking around) Is Tom 
gone? 

Mrs. Townsend. 

Yes, but he’s all right, Jennie. 

Jennie. 

Are you sure? 

Mrs. Townsend. 

(Smiling reassuredly) Perfectly sure, dear! 

Jennie. 

Then it’s all thanks to you, Mrs. Townsend. 
(Seizes her hand) 

Mamie. 

I like auto-mobilin’. Feels just like you’re 
flyin’! 

Mrs. Townsend. 

(Rises, putting on things) I’m glad you had 
a nice ride, girls. You shall go again very soon. 


I 12 


THE FULL PENALTY 


Mamie. 

Oh, can we — honest? My, all the carriages 
and automobiles and people on horseback! Ain’t 
the Park great though? Did you see that young 
goil drivin’ that great big automobile, most as big 
as ours, Jennie? Goin’ like a streak o’ lightnin’, 
too! 

Mrs. Townsend. 

(Is ready to go. To Jennie) Do you know 
a little boy that lives in this building, upstairs, I 
think, named Billie Coates, Jennie? 

Jennie. 

(Shakes her head ) No. I didn’t know there 
was any boy upstairs, did you Marne? 

Mamie. 

(Hardly listening) Nope! Jannie, did you 
notice how funny some of the chauffers looked in 
them goggles? Just like frogs! 

Mrs. Townsend. 

(Exchanging glances of amusement with Jen¬ 
nie) Mamie’s too excited to pay any attention 
now, Jennie. Well, good-bye, both of you. 
Keep each other company and Eli see you soon. 
(At door) Remember to call me up any time if 
you want to speak to me, or consult me about 
anything. 



ACT TWO 


113 

Jennie. 

Thank you, ma’am. 

Mamie. 

Jest if we want to speak to you? 

Mrs. Townsend. 

( Smiling) Yes, even if it just to say Hello! 

Mamie. 

Gee! 

Mrs. Townsend. 

And I want you to come together to see me some 
evening this week. 

Mamie. 

Sure, we’ll come. 

Jennie. 

r 

If you’re sure you want us. Good-bye. 

Exit Mrs. Townsend. 

Mamie. 

My! Ain’t she a dandy! 

Jennie. 

{With fervor) She’s an angel. God never 
made but one like her! 

Mamie. 

Yer want to come and eat yer supper in my 
room, Jen? 


THE FULL PENALTY 


114 

Jennie. 

Yes, if you say so. 

Mamie. 

Then I’ll go and light me stove. I wonder if 
that Susan Baker’s still in there? 

Jennie. 

I don’t know. 

Mamie. 

I’ll go see. Come ’long, will yer? 

Jennie. 

Yes. I’ve got some sliced ham too, I’ll bring 
that. 

Mamie. 

All right, (j Exit) 

Jennie opens cupboard door and takes down 
tin box from shelf; as her back is turned, 
there comes a gentle knock at door; she 
speaks without turning around. 

Jennie. 

Come in. 

Julian Townsend enters; closes door behind 
him, stands by it, hat in hand. Jennie with 
back turned opens tin box; laughs slightly. 
One slice o’ ham, Marne, two by four! (Sniffs 
into box) And the cheese is stale! (Pause. 
Jennie turns and sees Townsend, starts violently, 
almost dropping the box) 


ACT TWO 115 

Townsend. 

( Bowing, with a smile) I beg your pardon. 

Jennie. 

(Frightened) Who are you? What do you 
want? 

Townsend. 

( Advancing a step or two) Don’t be fright¬ 
ened. {Smiling again) I am perfectly harmless. 
Am I speaking to Jennie Nolan? 

Jennie. 

That’s my name all right. 

Townsend. 

My name is Townsend. 

Jennie starts. 

Julian Townsend. I think my wife has just 
been here. 

Jennie. 

{Advancing a step or two; impulsively) 
There hasn’t anything happened to her? The 
automobile — 

Townsend. 

Oh, no. I saw her start. May I sit down? 
And won’t you sit down yourself? You look 
tired! 

Jennie. 

{Laughs) Tired! 


ii 6 THE FULL PENALTY 

Townsend. 

(Silting and laying his hat and cane on table) 

I came to see you on behalf of my son. 

Jennie. 

Then you can go! I don’t want anything from 
him! 

Townsend. 

I can appreciate that. When this sort of an af¬ 
fair breaks up, there’s always bitterness left on one 
side or on both ! 

Jennie. 

(Leaning across table) I don’t understand 
you. But I don’t want you here, d’you see? I 
don’t want you here. I don’t see strange men in 
my room. Pm not that kind! You can go! 

Townsend. 

I have no idea of staying, my dear young lady, 
any longer than to transact the business that 
brought me here. 

Jennie. 

And what’s that? 

Townsend. 

To tell you that Eve got three thousand dollars 
in the bank, which will be given to you, as soon 
as you are ready to sail for England, or leave for 
California. Of course it is understood that you 


ACT TWO 


“7 

are not to come back. And that you are to hold 
your tongue in regard to my son. I want a writ¬ 
ten promise to that effect! 

Jennie. 

I’ve already told your son I don’t want to have 
anything to do with him. Three thousand dol¬ 
lars is a heap of money. ’Twould keep me and 
the kid going for many a day! I guess I’m a fool 
not to take it, but I’m not going to. 

Townsend. 

And you’ll leave New York without a cent? 

Jennie. 

I’m not going to leave New York. 

Townsend. 

(Rises and approaches her) Now, my dear, 
be reasonable. 

Jennie. 

(.Nodding her head slowly) Just stay where 
you are! Now I understand! I’ve been puz¬ 
zling and puzzling to know how she ever came to 
have a son like him! Now I know! ’Twas 
through you the yellow streak came in. Through 
you! 

Townsend. 

(Growing angry) We’ll quit that kind of talk, 
if you please. 



118 


THE FULL PENALTY 


Jennie. 

Then go, and tell that son of yours that he’s 
safe as long as his mother lives! There’s noth¬ 
ing that could wring the truth out of me while 
she’s alive. Why, I thought it had cost me 
enough already to hold my tongue! 

Townsend. 

(Going) Well, you’re a foolish girl to throw 
away good money like this. You’ll live to re¬ 
gret it. 

Jennie. 

(Pointing to door ) Go! 

Townsend exits. Jennie crosses and locks the 
door; then turns; crosses to table and throws 
herself in chair, buries her face in her folded 
arms f sobbing. 

Oh, Tom ! Tom ! 


CURTAIN. 


ACT THREE. 


Three days later. 

Scene: The Juvenile Court Room. Judge 
Rand’s desk at rear upon a raised dais; behind 
it, a swinging chair. Small desk L. for stenog¬ 
rapher; to his left, stall for witness; a desk 
down stage, R., for Clerk of the Court; one 
up stage, R., for bailiff. A partition about six 
feet high divides an aisle leading from door 
L., from rest of stage. Two rows of benches 
against wall, R. A door at rear and one left. ' 
Clock on wall points to ten. 

Stenographer is seated at his desk, busy with a 
pile of papers. John Ryan enters L. as cur¬ 
tain rises, carrying several books which he 
places on Judge Rand’s desk. 

Ryan. 

(Looking at watch) His Honor’s late to¬ 
day. 

Stenographer. 

(Glances up at clock ) Yes. 

Ryan. 

{Picking up a long sheet of paper from Judge’s 


I 20 


THE FULL PENALTY 


desk, and examining it) All this for to-day? 
Stenographer shrugs as though he were very 
busy and does not want to be interrupted. 
Enter, rear, Janies Kennedy. 

(Addressing him) All this for to-day, Ken¬ 
nedy? 

Kennedy. 

(Crossing to him and nodding) Pretty full. 

Ryan. 

(Pointing at paper) Jennie Nolan’s case, eh? 

Kennedy. 

Yes. Tom Massey telephoned he was on the 
trail of the man. Hopes to run him in before 
Court adjourns. 

Ryan. 

When did Massey take a hand? 

Kennedy. 

Two days ago. 

Ryan. 

He’s a rum one. Hate to have him after me! 

Kennedy. 

You bet! 

Ryan. 

He’s working like Hell! Don’t look like he’d 
slept for a year. 


ACT THREE 


I 2 I 


Kennedy. 

He’s covered more ground in two days than 
Leroux did in two months, 

Ryan. 

You can bet on the Irish when a fellow does up 
their women. 

Kennedy. 

If the case comes up, keep your eye on Tom. 
He means business. 

Ryan. 

Leave it to the Judge. He’ll send the brute! 

Kennedy. 

If there’s no technicality. 

Ryan. 

I’m losing faith in the law, myself. If I was 
going to study it, I’d study the exceptions. 
Telephone rings, he crosses to it. 

Hello! That you, Massey? What’s that? 
No, we don’t close till one. Think you got him? 
Who is it? Ah, now come off, being so particu¬ 
lar. No one’ll hear you. Well, don’t tell then. 
Yes, I’ll send the Bailiff for Jennie. We’ll have 
her here all right. So long! (Hangs up re¬ 
ceiver) Of all the secretive pups, Tom’s the 
worst! Says he’s found the fellow, got him 


122 


THE FULL PENALTY 


shadowed and it’ll knock the stuffing out of us 
when we know. 

Kennedy. 

How about the Round case? 

Ryan. 

All square. 

Kennedy. 

Aw, cut it! 

Ryan. 

He beat the woman black and blue, nearly killed 
the boy. 

Kennedy. 

Sweet family, that! Sent up? 

Ryan. 

Yep. Eight months. 

Kennedy. 

That Italian up last week skipped the town. 

Ryan. 

They make me tired, cornin’ over here with 
their romantic morals, 

Kennedy. 

What we need is the Licking Post and Duck¬ 
ing Stool! Those fellows would hate to get 
licked in public. 


123 


ACT THREE 

Ryan. 

Like to have a hand at some of them. ( Crosses 
to telephone, takes up receiver) Police Head¬ 
quarters. Hello there, that you, John? Leroux 
there? When’ll he be back? Send Shorty over. 
Right away. ( Puts telephone down ) 

Kennedy. 

(Reading list) We’ll have a circus with the 
O’Connells. 

Ryan. 

(Laughing) Better get a bromo for the 

Missus. 

Kennedy. 

(Looking up from list, laughing) Remember, 
Ryan, that first ride in the car with Crazy Kate, 
when she put her arms around your neck and 
called you her long lost son? Sure you were 
fussed! 

Ryan. 

I was green then. She near got away with me. 

Kennedy. 

How you going to get those Hanson kids away 
from their father? 

Ryan. 

That’s a hard case. He drinks like the devil. 
But he’s fond of them. The public knocks us for 


124 


THE FULL PENALTY 


cases like that, but we’ve got to take care of the 
kids all the same. 

Kennedy. 

Wish I had a few of Carnegie’s millions. I’d 
be filling stomachs instead of libraries. 

Ryan. 

And your name would be mud! (Crosses and 
sits at desk) 

Enter Shorty. 

Kennedy. 

Hello, Shorty. 

Shorty. 

Hello, what’s up? 

Ryan. 

Seen anything of Massey? 

Shorty. 

No. 

Ryan. 

Hasn’t been at the Station? 

Shorty. 

No. 

Ryan. 

Well, I want you to go after Jennie Nolan. 
Tom telephoned just now he’d surely got that 
fellow. 


ACT THREE 125 

Shorty. 

All right. Em on. [To Kennedy) So long, 
Jim. 

{To Ryan) See yer later. {Exit) 

People begin coming in, passing to waiting room. 
First, Andrew Jackson, walking slowly 
and stiffly; Paul White, whistling, with his 
head up; Mr. and Mrs. O' Connell, seem¬ 
ingly much at variance with each other, she 
taking the lead, he trying to get it. They 
growl in suppressed voices. Enter Judge 
Rand. 

Judge Rand. 

Good morning. 

Kennedy and Ryan. 

Good morning, your Honor. 

Judge Rand. 

Many cases? 

Ryan. 

Enough. 

Judge Rand. 

There are always too many for you, Dick. 

Ryan. 

Of the O’Connell kind, yes. Can’t make them 
over. They’ve been in this court nine times. 


126 


THE FULL PENALTY 


Judge Rand. 

They’re welcome if ye can keep those children 
committed to the Asylum. ( Takes seat, scanning 
broad sheet upon which are written cases for the 
day) Jennie Nolan. ( Looks up) I suppose 
there’s nothing new? 

Ryan. 

Massey ’phoned, said he’d caught the fellow. 

Judge Rand. 

That’s what he thought yesterday. Massey’ll 
have to be on his mettle to beat a man like Leroux. 

Ryan. 

He seemed quite sure, your Honor. Said we’d 
be surprised when we heard his name. 

Judge Rand. 

(Perusing sheet) The fellow has certainly 
given us a chase, whoever he is. Poor Tom’s 
hunting won’t hurt him. It’ll keep his mind oc¬ 
cupied for a while till he gets used to the horror 
of it. 

Enter Mrs. Townsend, followed by Natalie 
Chambers. 

Mrs. Townsend. 

Good morning, Judge, you see, I’ve brought 
Miss Chambers along. 


ACT THREE 


127 

Judge rises, crosses to meet her, takes her hand. 

She may become really interested later. 

Judge Rand. 

Good morning. ( Turns to Natalie and takes 
her hand) Miss Chambers, I’m very glad to see 
you. 

Natalie. 

Thank you. 

Judge Rand. 

I know you can be a great help to us. 

Natalie. 

(Carelessly) You’re awfully good to say so. 

Judge Rand. 

(Looking at list again on his desk. To Ken¬ 
nedy) I’m ready, James. 

Kennedy. 

(Raising his right arm and calling in a loud 
and rather sing-songy voice) Hear ye, hear ye, 
hear ye! The Juvenile Court of the City of New 
York, Kings County, is now opened according to 
law! 

Judge Rand. 

(Consulting paper, to Kennedy) The case of 
Paul White, is he here? 

Ryan. 


Yes, your Honor. 


128 THE FULL PENALTY 

Kennedy. 

(Opens door and calls ) Paul White! 

Enter Paid White f a boy of about fifteen, tall 
and straight, with a frank f manly face; he 
comes in whistling, his hands in his pockets 
and his head up. 

Judge Rand. 

Well, Paul, good morning. 

Paul. 

Good morning, your Honor. 

Judge Rand. 

How’s business getting on, Paul? 

Paul. 

First rate, your Honor. (Taking paper from 
his pocket) Brought a paper along to show you, 
seein’ as we’re pardners. 

Judge Rand. 

(Smiling and taking paper; examines it) 
Rand, White and Co. Statement. Humph! 
That’s all right. Profits last week, $3.15. 

Paul. 

(Putting hand in pocket and drawing out 
money) Yes, your Honor. Here’s your half. 


ACT THREE 


129 


Judge Rand. 

{Takes it) Thank you, Paul. {Puts it in 
pocket) You’re not tired of business? 

Paul. 

Gosh sakes, no. Don’t say you’re goin’ to 
send me back to school, your Honor! I never 
would have stolen that stuff, honest I wouldn’t, if 
me father had took me out of school when I 
begged him to and let me go to work. Pm goin’ 
to be rich some day, I am! 

Mrs. Townsend. 

{Aside to Natalie) That’s true, he will be. 

Paul. 

If you don’t want to stay in the firm, then 
I’ll pay yer off if you’ll give me time, and go it 
alone. 

Judge Rand. 

Why of course I want to stay in the firm. 
You boys keep me so busy down here I don’t get 
a chance to make any money, so you’ll have to do 
it for me. 

Paul. 

Yes, your Honor. 

Judge Rand. 

Your father’s satisfied now? 


1 3 o THE FULL PENALTY 

Paul. 

Yes, your Honor. 

Judge Rand. 

Then you can go, Paul, but report again next 
week. 

Paul. 

Yes, your Honor, I will. Good-bye, sir. 

Judge Rand. 

Good-bye, pardner. 

Paul exits briskly. 

(To Mrs. Townsend) That boy’s going to 
come out all right. 

Mrs. Townsend. 

Pm sure he is. It was a splendid idea of yours 
to take him into partnership. I don’t see how 
you dared trust him with that first five dollars, 
though. 

Judge Rand. 

I felt he was all right. 

Mrs. Townsend. 

I must tell you about him, Natalie. 

They talk. 

Judge Rand. 

(Turns again to paper. To Kennedy) The 
Blesinski case. 


ACT THREE 131 

Kennedy. 

(Approaching him ) Blesinski’s skipped, sir. 
Gone back to Russia. Took his boy with him. 

Judge Rand. 

(Turns to Stenographer) The Blesinski case 
stricken from the calendar. (Again turns to 
paper) Mike Calahan and Jim Hart. 

Kennedy. 

The witnesses couldn’t all be secured, your 
Honor. 


Judge Rand. 

Mike Calahan and Jim Hart postponed to Sat¬ 
urday. (Looks at paper again; to Kennedy) 
Andrew Jackson. 

Mrs. Townsend and Kennedy exchange glances 
of amusement. 

Kennedy. 

(Opening door at rear and calling) Andrew 
Jackson. 

Pause. Kennedy exits and returns in a mo¬ 
ment preceded by Andrew Jackson, a very 
old and dignified negro, who moves a little 
stiffly as though he were suffering from rheu¬ 
matism; his hair is shaved very close to his 
head, and his ears stick out prominently; he 


1 3 2 


THE FULL PENALTY 


leads a small and thoroughly frightened hoy 
by the hand. 

Judge Rand. 

(Leans forward and raises his right hand) 
Andrew Jackson, do you swear to speak the truth, 
the whole truth and nothing but the truth? 

Andrew. 

I do, yo’ Honah! So help me Gawd! King¬ 
dom come and Glory be! 

Judge Rand. 

(Suppressing a smile) Well, Andrew, why 
have you shaved your head this chilly weather? 
Aren’t you afraid of catching cold? 

Andrew. 

I’se moanin’ for meh wife, seh. 

Judge Rand. 

Your wife? Is she dead? 

Andrew. 

Yes, yo’ Honah. 

Judge Rand. 

Indeed. I’m sorry to hear that. When did 
she die, Andrew? 

Andrew. 

She’s been dade three years come nex’ August, 
yo’ Honah. 


133 


ACT THREE 

Judge Rand. 

And you’re mourning for her still? 

Andrew. 

I moans in spells, sir. 

Judge Rand. 

(Maintaining his gravity with difficulty and ex¬ 
amining paper) Well, was it in one of these 
spells that you beat your little boy so unmercifully, 
Andrew ? 


Andrew. 

It may have been, yo’ Elonah. I cyarn’t say. 
When de frenzy come on me I’se like the Isr’el- 
ites ob old dat beat dare breasts and cry aloud, 
“Woe! Woe! Woe!” 

Judge Rand. 

(Leaning forward and tapping on desk, 
sternly) Well, let me tell you something, An¬ 
drew, and do you pay attention to my words! 
You’re not to strike that little boy of yours again. 
When the frenzy comes on you, take a hint from 
the Israelites of old, and confine your beatings to 
your own breast! 

Andrew. 

Yes, sell. Cert’ny, seh. 


134 


THE FULL PENALTY 


Judge Rand. 

Kennedy, I believe you’re in charge of this 
case? 

Kennedy. 

(Coming forward) Yes, your Honor. 

Judge Rand. 

Have you any suggestions to make? 

Kennedy. 

I should say, your Honor, there wasn’t much 
use in giving Andrew another chance. If I hadn’t 
happened to drop in on him last week just when 
I did, I believe he’d have killed that boy. 

Judge Rand. 

(Very sternly) Just what I feared. Very 
well, then, Andrew, we will have to take him. 

Andrew. 

(Holding on to the child's hand and backing 
away from Kennedy) No, sell! You ain’t 
gwine to git my chile. 

Kennedy. 

(To boy) You’ll come with me, won’t you, 
Andy? 

The boy holds onto Ms father with one hand, 
sacking the thumb of his other one } shakes 
his head. 


ACT THREE i 35 

I believe he’s fond of his father in a way, your 
Honor. 

Judge Rand. 

{To Andrew, as though idea had just come to 
him) Have you got any sisters, Andrew? 

Andrew. 

Yes, seh, two. 

Judge Rand. 

Could one of them keep your boy if you paid 
his board? 

Andrew. 

Yes, seh, cert’ny, seh. 

Judge Rand. 

Then I tell you what I’ll do. You go home 
and take your boy. And you come back here on 
Saturday with one of your sisters. 

Andrew. 

Yes, yo’ Honah. 

Judge Rand. 

In the meantime, you keep your hands off of 
him. Mr. Kennedy will keep a sharp look out 
on you and if you don’t want your boy taken from 
you for good and all, you’ll be careful how you 
treat him! 


136 


THE FULL PENALTY 
Andrew. 

(Thoroughly impressed) Yes, yo’ Honah. 
Cert’ny, yo’ Honah. 

Judge Rand. 

That’ll do. 

Andrew turns to door. Mrs. Townsend rises 
with a whispered word to Natalie. 

Mrs. Townsend. 

Wait a minute, Andrew, I want to speak to 
you. 

Exits, talking in a low voice to Andrew, who 
listens respectfully. 

Judge Rand. 

Good for nothing old hypocrite. 

Telephone on Judge’s desk rings; he answers it. 
Well? Yes. Yes, Tom. You have him? 
Good! Yes. You’ll be here in half an hour? 
Very well. Is Leroux with you? All right. 
Yes. We’ll get Jennie. Good-bye. ( Rings off; 
to Kennedy) He’s got that man. 

Kennedy. 

Who is it? 

Judge Rand. 

He didn’t say. 

Kennedy. 

Shorty’s gone for Jennie Nolan. 


137 


ACT THREE 

Judge Rand. 

{To Natalie) Em afraid, Miss Chambers, 
that this case of Jennie Nolan’s may be a very 
painful one; perhaps you’d rather not stay. 

Natalie. 

Oh, I think I’ll stay, Judge Rand, Mrs. Town¬ 
send has told me about it. 

Judge Rand. 

As you choose. (Consults list) The O’Con¬ 
nells ! 

Kennedy. 

{Calls, through open door) Patrick O’Con¬ 
nell! Mary O’Connell! 

Enter I/ish couple; Mary is considerably taller 
than her husband, who is thin and bandy- 
legged; both have every mark of the habitual 
drunkard; have evidently been squabbling to¬ 
gether, but have patched up a truce in order 
to combine against the Judge. 

Judge Rand. 

Well, Mary, good morning. 

Mary. 

{Curtseys defiantly) Morrin’, yer Honor. 

Judge Rand. 


Patrick! 


138 THE FULL PENALTY 

Patrick. 

{With a particularly rich brogue) Yerr 
Honorr! 

Judge Rand. 

Well, how are you both getting on? 

They both begin speaking simultaneously, and 
with great volubility. In the midst of it re¬ 
enter Mrs. Townsend, who sits beside Na¬ 
talie, who is much amused. 

Patrick. 

We’re not gettin’ on at all! Not the laste bit. 

Mary. 

Gittin’ on! Sure, and ye can tell by the look 
of us we ain’t gittin’ on at all, at all! 

Judge Rand. 

{Raps on desk) One at a time, please. Now, 
Mary. 

Mary. 

Well, yer Honorr, they call this a free coun- 
thry, and I used to think it was! But begorra! 
since you kidnapped me bhoys — 

Patrick. 

{Interrupting) I’ll have the law on you for it, 
yer Honorr, Judge or no Judge! 


ACT THREE 


139 


Judge Rand. 

Be still, Patrick. 

Patrick. 

I’ll be still, yer Honorr, whin ye give me back 
me bhoys! Pm bringin’ suit for twinty thousand 
dollars against ye, and that’s a fact! 

Judge Rand. 

You just wait a minute. I’ll come to you in a 
moment. Now, Mary. 

Mary. 

I was sayin’, your Honorr, that, since you kid¬ 
napped our bhoys, Pathrrick’s behaviour’s been 
sump’n awful! 

Patrick turns and glares at her; she tosses her 
head defiantly. 

Judge Rand. 

What’s he been doing? 

Mary. 

He’s foreverr rrunnin’ round to caifs and buf¬ 
fi ts and dhrrinkin’! And whin he’s at home, he’s 
foreverr dramin’! 

Judge Rand. 

Dreaming? 

Mary. 

(Nods) The trrriblest drames! He wakes 


140 


THE FULL PENALTY 


me up in the middle o’ the night to hear thim! 

And they gives me the shakes, that they do, your 
Honorr! 

Judge Rand. 

Patrick, if you’d let the whiskey bottle alone 
you’d stop dreaming. 

Patrick. 

(Shaking his head) Haven’t touched a dhrop 
in sivin days, yer Honorr, and I had the wurrst 
drame o’ the lot last night! Dramed I was — 

Judge Rand. 

(Interrupts ) Oh, never mind, you needn’t tell 

it, Patrick. 

Patrick. 

No, your Honorr. ( Goes right on) 

The Judge shrugs his shoulders resignedly . 
Dramed I was in Hell, yer Honorr, and the 
divil, he says, says he, “ Make yerrself at ’ome, 
Patrick, me honey,” he says, “ Make yerrself at 
’ome! Hang your coat right up,” he says, “ and 
set down.” So I walks over to hang me coat 
on the nearest peg, but the old bhoy he snatches 
me hand away! “ Not on that peg, Patrick,” he 
says. “ Whatcher thinkin’ of yer idgit? Doan’t 
yer know that’s Judge Rrand’s peg.” 

Judge Rand, Kennedy and Ryan all laugh, hut 


ACT THREE 


141 

Patrick looks solemnly from one to the other 
without a smile. 

Judge Rand. 

(Suddenly grave) Patrick, I suppose you and 

Mary want to keep your two girls? 

Patrick. 

Shure, an’ you won’t git thim, yer Honorr! 

Judge Rand. 

That depends on you. I thought I told you 
you were not to carry a drop of whiskey across 
your door-sill, Patrick? 

Patrick. 

Shure, and I didn’t, yer Honorr ! I jist brought 
it to the dorr, she ( jerking his finger at Mary) 
brought it acrrost! 

Judge Rand. 

{Severely) Mr. Ryan’s account of you both 
is not at all satisfactory, and Mrs. Townsend says 
that unless you and your wife cut out this 
whiskey drinking entirely, she would advise our 
taking your girls. 

Patrick. 

{With an emphatic gesture) Pd just advise 
you to tliry it! 


142 


THE FULL PENALTY 


Judge Rand. 

(Leaning across desk and speaking with empha¬ 
sis) I won’t try it. I’ll do it! {To Mary) 
Mary, I had hopes of you!—strong hopes of 
you! You picked up wonderfully for a while! 
How you can touch a drop to drink with those 
beautiful girls of yours right there in the house 
with you! 

Mary. 

{Begins to cry furtively) The darrlin’s! 

Judge Rand. 

If they really are dear to you haven’t you got 
strength to cut it out for their sakes? 

Mary. 

Shure and I’ll try, yer Honorr! 

Judge Rand. 

I never saw finer girls. And they love you — 
you too, Patrick. For their sakes I’m going to 
give you one more chance. 

Patrick. 

And me bhoys? 

Judge Rand. 

They’re doing splendidly. I get the finest re¬ 
ports from them. 

Patrick. 

{Proudly) Begorra, now! 


ACT THREE 


143 


Judge Rand. 

As soon as your home is fit to bring them to, 
they’ll be given back to you, and not till then! 

Patrick. 

And this is a free counthry! 

Judge Rand. 

You can go now. 

Mary. 

Good-bye, your Honorr. (Goes out) 

Mrs. Townsend rises. 

Judge Rand. 

Good-bye, Mary. 

Patrick walks out without ceremony. 

Mrs. Townsend. 

(To Judge) Shall Mrs. Lacy continue in 
charge of the case? 

Judge Rand. 

I think so. 

Mrs. Townsend. 

I’ll see her about it. (Exit R.) 

Enter Leroux, door L. 

Judge Rand. 

Well, Leroux. 

Leroux. 

We’ve got him, your Honor. 


44 


THE FULL PENALTY 


Judge Rand. 

Splendid! Bring him in. 

Leroux. 

I’d like a word with you, your Honor. 

Judge Rand. 

Well? 

Leroux. 

Do you know who this man is? 

Tudge Rand. 

No. 

Leroux. 

It’ll take your breath away, sir. 

Judge Rand. 

( Impatiently) Well, who is it? 

Leroux. 

(Coming closer) It is Philip Townsend! 

Ryan and Kennedy both start. 

Judge Rand. 

(In horrified amazement) What! 

Leroux. 

It is Philip Townsend. 

Natalie suppresses a cry, leans forward listen¬ 
ing, an expression of horror on her face; for 
the moment the Judge forgets her in the 
shock of the surprise. 


145 



ACT THREE 


Judge Rand. 

Impossible! 

Leroux. 

It is, sir. 

Judge Rand. 

Good God! 

Leroux. 

It’s a rum go 

! 

• 


Judge Rand. 


(Hand to his head as though bewildered) It 
can’t be! (After slight pause) He’s in there? 

Leroux. 

Yes. 

Judge Rand. 

Who’s with him? 

Leroux. 

Tom Massey. 

Judge Rand. 

(Suddenly aroused) My God! His mother’s 
here! She’s in there! We must get rid of her 
quick. 

Rises. At that moment Natalie steps forward 
and he sees her. 

Natalie. 

Judge Rand. 


146 THE FULL PENALTY 

Judge Rand. 

You heard? 

Natalie. 

Yes. 

Judge Rand. 

(Holding out his hand to her) My poor 
child! You’d better go. 

Natalie. 

No. I’ll stay. 

Judge Rand. 

But — she’s here. You must persuade her to 
go, quick. (To Leroux) Keep them in that 
room till she’s gone. 

Leroux nods and exits L. 

(To Natalie) Now, Miss Chambers, get her 
to go with you quietly. Say you’re ill, insist 
upon it. 

Natalie. 

(Coldly) I’ll try. (Exit) 

Judge Rand. 

(Turns to Kennedy) Clear the Court, Ken¬ 
nedy. The other cases are postponed till Satur¬ 
day. 

Re-enter Natalie. 



i47 


ACT THREE 

Natalie. 

She’s gone to buy a coat for Mrs. O’Connell. 
Left word she’d be back in a little while. 

Judge Rand. 

Then you must go after her. Get her home, 
for God’s sake. ( Suddenly noticing Natalie’s 
face ) You look ill. 

Natalie. 

(Scornfully) Think what my friends will say. 

Leronx re-enters. 

Natalie exits as the Judge turns to Leroux. 

Judge Rand. 

Bring him in. 

Leroux. 

Yes, your Honor. (Exit) 

Judge Rand. 

(To Ryan) T can’t believe it! I can’t be¬ 
lieve it! (In lower voice) It will kill her! 
(To Kennedy, pointing to door L) Guard that 
door. Admit no one not directly connected with 
the case. If Mrs. Townsend comes, don’t let her 
come in. 

Kennedy. 

Yes, your Honor. (He crosses and stands hy 
door L) 

Door R. opens and Leroux enters, follozved by 


148 


THE FULL PENALTY 


Philip Townsend and Tom Massey. The 
latter keeps his right hand in his pocket and 
never takes his eyes from Philip’s face. 
Philip is pale and very nervous, his Ups and 
trembling and his eyes bloodshot. 

Judge Rand. 

{To Philip) Come closer, please. 

Philip approaches. 

(Raising his right hand very solemnly) Philip 
Townsend, do you swear to speak the truth, the 
whole truth, and nothing but the truth, so help you 
God? 

Philip. 

{Almost inaudibly) I do. 

Judge Rand. 

{Sinking back in his chair deeply moved, tries 
to speak, but clears his throat instead. After a 
moment) Do you admit the charge that is made 
against you? 

Tom Massey. 

{Stepping forward) There ain’t no call for 
him to admit or deny, your Honor! We’ve got 
the spots on him! 

Judge Rand. 

{IFaving his hand) Wait a minute, Tom! 


149 


ACT THREE 

Philip. 

{In low voice) I admit nothing. Can’t you 
wait till my father comes? Eve telephoned for 
him. 

Judge Rand. 

Your mother may come at any moment. 

Philip. 

My mother ! — God ! 

Judge Rand. 

{To Tom Massey) What witnesses have 
you ? 

Tom. 

Tim Clancey, your Honor. And the girl. 
Susan Baker. Shall I bring ’em in? 

Judge Rand. 

No; they can wait. {Turns to Philip ) This 
case of course will go to the criminal court, over 
which I preside, and as you are twenty-one you 
will receive sentence there. But if you are inno¬ 
cent of this crime, if you can prove that you were 
not present; that it is a case of mistaken iden¬ 
tity— 

Philip. 

{Hurriedly approaching the Judge) Judge, I 
can’t do it. It’s no use, I was there. I’m the 


150 


THE FULL PENALTY 


man they want. But for God’s sake, don’t let 
it come to a trial, a public trial. You can stop it. 

Judge Rand. 

I’m powerless to stop it. 

Philip. 

(In excitement) Pd been drinking, I tell you. 
I didn’t realize what I was doing. 

Door R. opens at this moment and Julian 
Townsend enters. He walks up to Judge 
Rand. 

Townsend. 

Judge Rand, if you will ask these people to 
leave the room, you and I can very sopn fix this 
matter up between us. 

Judge Rand. 

Then you knew about it? 

Townsend. 

I knew my boy was in a scrape. 

Judge Rand. 

A scrape! 

Townsend. 

What I didn’t know was that you w T ere going 
to push this thing to such a point as to bring dis¬ 
grace, a lot of newspaper notoriety, on the family. 
What’s that fellow doing? ( Raising his cane and 
pointing it at stenographer) 


ACT THREE 


i5 1 

Judge Rand. 

He’s taking notes. 

Townsend. 

For the papers? I thought so. Tell him to 
stop it, to stop it at once! 

Judge Rand. 

That is quite impossible. 

Townsend. 

But I won’t have this whole thing published 
in the morning’s paper, I tell you! 

Judge Rand. 

I am afraid you will find it impossible to pre¬ 
vent that, Townsend. 

Townsend. 

I hope you are satisfied. I hope my wife will 
be satisfied, when she sees what her confounded 
meddling in the affairs of other people has brought 
on her! 

Judge Rand. 

Townsend, you will have to keep quiet and 
allow the case to proceed. 

Townsend. 

To hell I will! 

Judge Rand rises angrily. Townsend, seeing 



152 


THE FULL PENALTY 


he has gone too far, continues in a quieter 
tone; the Judge sinks back in his chair. 
What I mean is, there isn’t any case. None 
whatever! Philip acknowledges that he went on 
a spree. He got drunk, and has little recollec¬ 
tion of what happened. Who were his compan¬ 
ions? A college chum and two women of the 
town! 

Massey steps forward with a smothered oath. 

Tom. 

Damn you! Take that back! 

Townsend steps back suddenly. 

Townsend. 

On the contrary, I’ll repeat it. 

Massey makes gesture as though he would 
choke him. 

Judge Rand. 

Step back, Tom. You must control yourself! 

Townsend. 

Since when has this been a criminal offence? 
You say the girl was innocent. How are you go¬ 
ing to prove it? If she was what is she doing 
with Susan Baker? Give me time and I’ll bring 

o 

a dozen witnesses to prove them two of a kind. 

Judge Rand. 

Townsend, you’re taking the wrong line of de- 


ACT THREE 


153 

fence if you want to prove Philip’s case. We 
happen to know Jennie Nolan here, all of us. 
Her character needs no witnesses in this place. 
Her record is clean, but if it were all you say it 
wouldn’t help Philip. 

Townsend. 

Why not? 

Judge Rand. 

The legal age of consent. That old defence 
that men have hidden behind ever since the 
world began, “ She was no better than she should 
be and she tempted me,” no longer goes in this 
state, at least with young girls of sixteen! 

Townsend. 

Philip is quite willing to make what amends 
you consider necessary. And I am back of him to 
the extent of ten thousand dollars! 

Tom Massey, his hand still in his pocket, takes 
a step closer, watching the Judge breath¬ 
lessly. 

Judge Rand. 

Townsend, for once you are dealing with a sit¬ 
uation that can’t be reached by money — any 
amount of money! 

Tom relaxes his position and steps back. 


154 


THE FULL PENALTY 

Townsend. 

(Shrugging) I knew I was dealing with a par¬ 
cel of fanatics, but I didn’t think you’d push the 
case, when I offer you ten thousand dollars for 
your protegee, by Jove, I didn’t. 

Judge Rand. 

Nevertheless, that is what I am obliged to do. 

Townsend. 

I understood there was a lover in the case, a 
fiance; perhaps he’d have different views. Ten 
thousand dollars may look good to him. 

Tom Massey makes a move as though to jump 
on him; Kennedy holds him back. 

Tom. 

Damn you! 

Judge Rand. 

Massey! {To Townsend) Townsend, in this 
case, the law must take its course. 

Townsend. 

What do you mean, Rand? 

Judge Rand. 

{With emphasis) I mean that you can’t buy 
Philip off. 

Townsend. 

In that case my lawyer tells me there is another 
alternative. 


ACT THREE 

Judge Rand. 


i55 


And that is? 


Townsend. 

Philip will marry the girl and legitimize the 
child. 


Tom. 

(Stepping in front of Townsend and glaring 
furiously at him) He won’t do that! Do you 
understand? He won’t do that! 

Townsend. 

(Shrugging his shoulders and taking a step 
backwards ) Who is this very emphatic gentle¬ 
man? 

Tom. 

She marry that hell-hound! ( Pointing at 
Philip) Never! So help me, Gawd! 

Townsend. 

Well, since the lady’s relatives decline the honor 
of my son’s hand, and refuse a money settlement, 
I should think it was up to you, Rand, to see how 
unreasonable they are. 

The door opens and Shorty comes in , followed 
by Jennie. Judge Rand looks up and points 
to benches R. 


156 


THE FULL PENALTY 


Judge Rand. 

Sit down there, Jennie. 

Jennie nods and obeys; seems to shrink into 
corner . 

Townsend, I think you know that if it were pos¬ 
sible for me to save your son, I would move 
Heaven and earth to do so, but it is not possible. 

Townsend. 

Why? 

Judge Rand. 

(Slowly and distinctly) Because the crime is 
to my mind a more revolting one than murder! 

Philip shrinks. 

Townsend. 

Nonsense. 

Judge Rand. 

These cases have occurred of late with a fre¬ 
quency that is appalling. Something must be 
done to check them. 

Townsend. 

So my son must be made the scapegoat! 

Judge Rand. 

No. But if he were the son of a poor man he 
would be sentenced without a doubt — no matter 
what prayers were offered in his behalf! I can- 



ACT THREE 


157 

not allow the fact that he is your son — that he 
is your wife’s son — to influence me. 

Townsend. 

( Turns to Philip) My boy! ( Makes a hope¬ 
less gesture) 

Philip. 

( Turning suddenly to the Judge f and speaking 
with almost hysterical vehemence) Judge Rand, 
I won’t go to prison! — I can’t! You can’t send 
me there! 

Judge Rand. 

{Sternly) Philip! 

Philip. 

Lots of other fellows have done what I did, 
and they go free! Why am I the one to pay? 

Judge Rand. 

Yes; you are right, Philip. Lots of other fel¬ 
lows have done what you did and they go free! 
It’s a disgrace to our laws, to our country! But 
it has got to stop! 

Philip. 

And you begin with me! 

Judge Rand. 

It is the first time since I have had charge of 
this Court that we have been able to prove our 
case and leave no technicality to hide behind! 




1 5 8 THE FULL PENALTY 

Townsend. 

He is absolutely determined, Philip. 

Philip. 

( Turning to his father) And you — you were 
so sure that we could fix it up with money. It’s 
always been possible before! As you said, there 
was never a hole so deep that money wouldn’t 
get you out of it! Well, here’s one at last — and 
it’s my damn luck to fall into it! {To Judge 
Rand) You won’t let me off? 

Judge Rand shakes his head. 

I shall be tried in criminal court, herded in with 
all the other criminals? 

Judge Rand assents with a gesture. 

And the penalty? 

Judge Rand. 

Five years. 

Philip. 

My God! Then, it’s up to me! {Suddenly 
pulls pistol from his pocket and puts it to his 
temple) 

Tozvnsend, who is nearest him, sees him just 
in tune and knocks it from his hand. Ken¬ 
nedy picks it up and pockets it. 

Townsend. 

Great God, boy, not that! 



ACT THREE 
Philip. 


159 


(Turning on him in mad excitement) Curse 
you! Curse you ! Why didn’t you let me do it? 

Townsend. 

There may be a way out yet, Phil. 

Philip. 

A way out! A way out! That’s it! — that’s 
always been your cry! I see it all now! Ever 
since I was a little chap and got into my first 
scrape you always whispered to me “ That’s all 
right! Everybody does that sort of thing, but 
only the fools pay up! There’s always a way out 
if you’re clever enough to find it!” And I lis¬ 
tened to you ! I believed you! I never stood up 
like a man and got my licking. I wish to God I 
had! I wish to God I had! 

Townsend. 

Philip, my son — 

Philip. 

(His excitement growing ) Yes, I am your 
son! And, so help me Heaven, I believe it’s be¬ 
cause I am your son, that I stand where I do to¬ 
day ! 

Door R. opens. Natalie enters. Philip starts 
violently when he sees her. She ignores 


i6o 


THE FULL PENALTY 


him, passing coldly with averted eyes to 
Judge 9 s desk. 

Natalie! (Turns to door as though to es¬ 
cape) 

Natalie. 

I missed Mrs. Townsend. They said she had 
left the store. 

Judge Rand. 

Could she have gone home — 

Natalie. 

Not without me. I’ll see if she’s coming back. 

Judge Rand. 

Do stop her. 

{As Natalie passes Philip, he speaks appeal¬ 
ingly in a whisper) Natalie. 

Natalie. 

( Scornfully ) I loathe you. 

Mrs. Townsend appears. She can he seen by 
the audience hut hidden from others hy 
partition. As she enters Natalie passes out 
of court. 

Ryan. 

I wouldn’t go in, Mrs. Townsend. 

Mrs. Townsend. 

Why, of course I must, Mr. Ryan. Judge 
Rand telephoned me to come. 



161 


ACT THREE 
Philip. 

{Hears her voice) Mother! {Looks about 
Mildly for some means of escape; takes a step 
nearer the door, but Tom Massey steps in front 
of it) 

Mrs. Townsend. 

{To Ryan) Are they all there? — Jennie — 
and Tom Massey and Leroux? 

Ryan. 

Yes, Mrs. Townsend, but the case is finished. 
They don’t need you. 

Mrs. Townsend. 

I must go to Jennie. {She passes beyond the 
partition with these words; her eyes fall first on 
her husband) You! 

Everyone stands motionless, watching her 
breathlessly. 

Then it was true! {Faces him, drawn to her 
full height, a flame of scorn in her eyes; under her 
breath) Then it was true! 

Townsend. 

No! 

He swerves slightly and her eyes fall on Philip. 

Mrs. Townsend. 

Philip, what are you doing here? {Turns on 
her husband) So you sent for him! Dragged 



162 


THE FULL PENALTY 


him into this vile, sordid affair in order to pro¬ 
tect yourself! 

Philip. 

Mother! 

Townsend. 

Rand, you will have to tell her! 

Judge Rand rises. 

Judge Rand. 

{To Kennedy ) Kennedy, you and Leroux can 
wait in the next room. 

They exit silently. Ryan remains by door R. 
but is hidden from the others by partition. 

{Leaves his desk, walks towards Mrs. Town¬ 
send, holding out his hands with infinite tender¬ 
ness) Mrs. Townsend, dear friend, I am sorry 
you have come! I telephoned to stop you. I 
wanted to prepare you for the shock! 

Mrs. Townsend. 

I have been prepared — ever since Sunday I 
have been practically sure. 

Judge Rand. 

No; you don’t understand. It is not your hus¬ 
band. 

Mrs. Townsend. 

Then — 

Turns wide, horPifed eyes upon the group; 
when they fall on Philip he cowers before 


ACT THREE 


163 

them, covering his face with his hands; there 
is a pause; suddenly Mrs. Townsend sways 
as though she were about to fall, but steadies 
herself by the back of a chair; tries to speak 
but no sound will come; presses her handker¬ 
chief to her lips and stands motionless star¬ 
ing at Philip, who sinks into a chair beside 
Kennedy’s desk, and buries his face in his 
arms. He is shaken by dry sobs. 

(Shakes her head, tears gathering in her eyes) 
I don’t understand! (Then a sudden thought 
comes to her; she seizes it feverishly ) It’s all a 
mistake! Judge Rand, you don’t understand! 
He’s sacrificing himself to save someone else — 
to save his father! 

Judge Rand shakes his head. 

You don’t know how he adores his father! He 
believes in him! You see, I never told him! 
(She comes closer to the Judge) Question him, 
you’ll find I’m right. 

Judge Rand. 

Dear friend — 

Mrs. Townsend. 

You won’t believe me? Then I’ll question him 
myself. (To Philip) Philip, tell me the truth? 

Philip. 

Oh, mother, for God’s sake! 


164 


THE FULL PENALTY 


Judge Rand. 

Mrs. Townsend, Philip has admitted his guilt, 
and we have witnesses here who have proved it. 
(.Indicating Jennie Nolan) Jennie, herself will 
tell you. 

Mrs. Townsend. 

(Seeing Jennie for the first time) Jennie! 

Jennie. 

(Rising and coming swiftly to her) Oh, Mrs. 
Townsend, ’twasn’t me that told!—’twasn’t me! 
I’d have died before I’d have told, soon as I 
knew he was your son! Honest to God I would ! 

Mrs. Townsend. 

Then it is true! 

Townsend. 

(Stepping forward) Yes; and it is also true 
that Judge Rand will do nothing to save him. 
The case must come to trial. Philip will receive 
the full sentence required by law. Perhaps 
you — 

Mrs. Townsend. 

{To Judge Rand) Is this true? 

Judge Rand. 

Yes. 

Mrs. Townsend. 

You are going to send him to prison? 


ACT THREE 


165 

Judge Rand makes a gesture of helplessness. 

(Crosses to Philip; lays her hand upon his 
head) He can’t go, Judge! He can’t go! 
Miserable, guilty as he is, he is still my boy! I 
can’t let him go! (Kneels beside him, drawing 
his head upon her breast) 

Tom Massey makes a warning gesture to the 
Judge, and takes a step forward; the Judge 
motions him back, nodding his head to assure 
him that he will not weaken. 

Why don’t you speak? I know what you will 
say! That I was willing enough to sacrifice an¬ 
other woman’s son! May God forgive me, so I 
was! But I can’t sacrifice my own! 

Judge Rand. 

Wait — listen! 

Mrs. Townsend. 

( Rapidly, incoherently) He has never had a 
chance! Oh, you were right and I was wrong! 
I see it all now, when it’s too late! His child¬ 
hood, his youth have been poisoned at the very 
sources of life ! (Shuddering) He has breathed 
an atmosphere of corruption ever since he was 
born! But I’ll take him away, if you’ll give him 
one more chance! 

Judge Rand. 

(Deeply moved) Elizabeth, don’t make it so 
hard for me. 


166 


THE FULL PENALTY 

Mrs. Townsend. 

Of course it is hard for you! Fancy you con¬ 
demning my boy to five years in prison! No! 
No! You couldn’t do it! He’ll pay the penalty 
in some other way! But not that — not that! 

Philip. 

(Pushing kis mother away gently) Mother! 
(R ises) You don’t understand; Pm beginning 
to. Eve been a dog and a beast and you never 
knew it! How should you? ( With a gesture 
towards his father) And Eve always been able 
to shirk my punishment till this time! But the 
Judge is right! {To Judge Rand) Em ready, 
sir. You’ll give a square deal! 

Judge Rand. 

You can trust me for that, Philip. 

Mrs. Townsend. 

{Breaking down) Oh, Philip, Philip! 

{Philip takes her in his arms) Mother! 
Mother!! 

Judge Rand. 

{To Tom Massey) Wait outside, Massey. 
{To Stenographer, motioning to door) John¬ 
son. 

Jennie Nolan rises; Tojn Massey crosses and 
takes her hand, with a few whispered words; 


ACT THREE 


167 

they go to the door R., bowing to the Judge 
as they pass. Stenographer gathers up his 
papers and exits. 

Townsend. 

(To his wife) I’ll go and see what can be 
done with the papers. We may be able to keep 
it out of them. 

She assents with a gesture. Holds out his hand 
to Philip. 

Philip. 

{Ignoring it) Don’t. 

Townsend. 

If you want me, you have only to send for me, 
you know. 

Philip. 

{Philip nods) 

Exit Townsend. 

Judge Rand. 

{To Mrs. Townsend) My dear friend, cour¬ 
age ! Courage! Who knows but out of this 
hour of despair better things will be born? 

Mrs. Townsend. 

{Looking up, drying her eyes) You mean — 

Judge Rand. 

I mean that just now I saw a look in Philip’s 
face I have never seen there before. 


JUN 27 1913 


168 THE FULL PENALTY 

Mrs. Townsend. 

(Questioningly) A look? 

Judge Rand. 

A look of suffering that for the first time pro¬ 
claimed him to be your son. A look of determi¬ 
nation to expiate his fault, of courage to pay the 
price of his sin. 

Mrs. Townsend looks at him questioningly. 

Philip. 

(.In whisper) Yes, mother; yes. 

Mrs. Townsend. 

Then take him, Jugde! Give him the full pen¬ 
alty! Who knows, perhaps it is the only way! 

Philip. 

(Holding out liis arms ) Good-bye. 

Mrs. Townsend. 

(Clasping him close for an instant ) My pray¬ 

ers will be with you day and night! 

Philip. 

Mother! 

Mrs. Townsend. 

When it is over — and the years will pass, they 
will pass—I shall be waiting for you. 

CURTAIN FALLS. 












